Expropriation Law

Expropriation Law involves the compulsory taking of property by an Expropriating Authority. Expropriation is a right granted through federal or provincial statutes to Expropriating Authorities such as governments, universities and public utilities. Expropriation is used when privately owned lands are needed for public projects such as the building or widening of roads, highways, pipelines or expanding or locating new schools. It is also required when a government authority requires land to comply with environmental laws for instance regarding impacts from landfills or septic systems.

When expropriation is considered necessary, the authority must offer the owner of the expropriated land a monetary amount that is considered fair in relation to the real market value. If a dispute arises in relation to the amount that is offered, the owner has the option to take the matter to the Ontario Municipal Board (OMB) in order to negotiate a settlement that is deemed appropriate. Often the impacts of land being taken are more than financial and all aspects should be considered.

Shari had the pleasure in recent years of representing the majority of tenants of the Dunlop Plaza in Barrie. Those who live or commute thru Barrie will be familiar with this strip mall that was adjacent to Highway 400 and has been acquired by the Ministry of Transportation to expand the overpass at the Dunlop Exit. She was able to settle every claim to the satisfy of her clients and see that everyone was properly relocated and/or compensated.

It is very upsetting and emotional when your property rights can be literally taken out from under you and there is nothing you can do to stop this. What you can do, is get experienced assistance from a lawyer at the expense of the authority taking your property rights. Do not try to negotiate this yourself.

Expropriation Law - Elliott & Elliott Barrister and Solicitors

Experience

At Elliott & Elliott we take pride in assisting landowners who find themselves in the position of having their land taken from them by an Expropriating Authority. You have rights and you need to be aware of that. We have successfully assisted our clients with obtaining independent evaluations of the land to ensure the purchase price is fair. In addition, we have been able to obtain other more creative solutions that minimize the property taking, for instance easements rather than sale or lease back. We also attempt to assist you to minimize all impacts of the land taking. For instance, if the property is being expropriated for the widening of the road in front of your house or your property, the installation of a hedge is a great way to minimize the impacts and something that you have the right to ask for.

We also partnered at the commencement of our retainer with experienced litigators in the event our negotiations on your behalf do not obtain the desired result. Often we take a two pronged approach. We negotiate all non-financial aspects, accept the payment offered on your behalf, and reserve your right to continue negotiations on the compensation payment or have a hearing.

Expropriation FAQ’s

Frequently asked questions associated with Expropriation Law in Ontario.

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Expropriation Law Articles

What should you do if your property is being expropriated?

Elliott & Elliott Barrister and Solicitors

February 12, 2019

What should you do if your property is being expropriated?

March 2, 2017

Expropriation FAQ’s

Testimonials

“Shari has provided us with strong representation on some very complex matters. She grasps concepts quickly and takes direction from her clients providing the legal advice necessary to manage the file to resolution.”

KathyClient

“For the past 10 years, I have been interacting with Shari Elliott in a professional capacity on several files and issues. I remain impressed with her knowledge and practical approach to very complex issues.” – Municipal Regulator

AnonymousMunicipal Regulator

Amazing lawyer and company, Shari helped us a lot to resolve an issue with the MTO. The MTO took possession of a plaza at Hwy 400, she helped us during the entire process and beyond. Shari is an amazing person!! I fully recommend her!! We are super grateful of her and the company!!

YanitZA, Restaurant ManagerRelocated Business

All I can say is WOW am I ever blown away at the level of communication and dedication I got from this firm. During a very stressful and hectic expropriation lawsuit with my business Ruby Tattoo Studio, myself and other fellow tenants met with several other lawyers to feel them out but there was something about Elliott & Elliott that was louder than the rest. For one, Shari is incredibly personable, diligent, thorough and responsive. She breaks everything down in the most understanding ways, she constantly pushes and fights for you, lawyers follows up and truth be told, I am thankful to now call her a friend from all of this. I received nothing but absolute professionalism and attention to detail from them, as well as guidance from start to end. Not only did I use them for my expropriation, but I also used them when buying my first ever home and she ensured the process was as seamless and stress-free as possible.

Dana JennetteExpropriation Client

Shari and her team remained dedicated and supportive throughout an arduous and very long case which resulted in my business receiving the best possible end result despite very difficult circumstances. Working with them proved to be professional and pleasant. If you want a lawyer who is committed and cares about your case, look no further!

Adam SpadaforaExpropriation Law

Hands down the best law firm out there. Lawyer Shari stuck through a very difficult case of Expropriation against MTO. 100% Success. I would recommend anyone of the attorneys in this firm. She looks out for your best interests and has your back the entire time. Thank you again Shari for absolutely everything.

Bal SandhuExpropriation Client

LIGHTS OUT!! You want Elliott & Elliott in your corner. I was weary to hire a lawyer in the first place because I thought I could navigate the situation myself, with hindsight being 20/20 I couldn’t be happier to have had Elliott & Elliott representing me. Be it knowledge, responsiveness or trusted advise, Shari and her team far exceeded my expectations. Thank you for your help and guidance!

Jonathan AudetteExpropriation Client

Shari Elliott represents use in a multi-person expropriation case. She is respectful, professional, listens to her clients, provides excellent legal advice, and always negotiates in her client’s best interest. She provides timely client communications, seeks and incorporates client input where appropriate. She is straightforward and tells her clients the truth about possible outcomes based on existing laws and legal precedents. She supports solutions that benefit her clients and is not intimidated into compromising. She is responsible, discreet, and always honours her client’s right to confidentiality. She is a pleasure to work with and we highly recommend her.

Evelyn PolluckExpropriation Client

Shari is excellent. Best lawyer in Barrie. Professional in property expropriation.

Simon TongRelocation Tenant