Our Expropriation Law Group
Our Expropriation Law Group is the largest in the country and has handled leading cases on behalf of both expropriated owners and expropriating authorities. We are routinely retained by municipal governments, ranging from large cities and regions to smaller townships, to address land acquisition management problems. Our leadership in the field is highlighted by our authorship of a two-volume reference text, New Law of Expropriation, which is updated on a semi-annual basis and referred to as an authority across Canada.
Our Services
For land owners facing expropriation or the prospect of expropriation we provide not only legal advice but assistance in all facets of the process including negotiation, identification and retainer of experts, options for challenging the decision to expropriate and conduct of the entire litigation process.
For expropriating authorities our services include the option of providing a turn/key approach to expropriations, including the drafting of staff reports, by-laws, resolutions, notices, pleadings, counsel representation before the statutory boards and courts, as well as provision of budgeting for all aspects of the land acquisition program and management and direction of all professional and expert services.
Our Experience
Expropriation law became a significant part of the practice of Borden Ladner Gervais (Toronto) during the 1970's in the wake of the expropriations to facilitate the planned international airport in Pickering, Ontario. Although the airport was never built the expropriations proceeded and generated a wealth of litigation, which tested many of the provisions of the comparatively new expropriation legislation, which had been passed in Ontario in the 1960's. Very similar legislation, referred to generally as reform legislation because its intent was to make organized and coherent a jumble of conflicting case law, was also passed by the Federal Government in the early 1970's.
Borden Ladner Gervais' pre-eminence in the field was reflected by the publication in 1978 of the Ontario Expropriation Handbook. This text has been updated through the publication of the current text New Law of Expropriation.
None of the members of the group practise exclusively expropriation law. We supplement our skills by practising in a variety of areas, some closely related to the law of expropriation (such as assessment appeals, municipal law and commercial real estate litigation) and some farther afield, such as environmental law, and professional liability work, including real estate professionals.
