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ARTICLE · 29 MARCH 2019

Case Law Summaries – Expropriation

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This decision of the Nova Scotia Utility and Review Board is the first to consider the Expropriation Act in the context of a residential property and structure as opposed to commercially owned lands.

CanadaEnergy and Natural Resources
Aidan Cameron
Aidan Cameron
Meghan S. Bridges
Meghan S. Bridges
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OAKLEY V. DDV GOLD LIMITED, 2018 NSUARB 37

This decision of the Nova Scotia Utility and Review Board is the first to consider the Expropriation Act in the context of a residential property and structure as opposed to commercially owned lands. It involved DDV Gold Limited's expropriation of Mr. Oakley's lands near Halifax, on which Mr. Oakley's home was situated, for use in a gold mine project.

DDV Gold and Mr. Oakley had a draft agreement for DDV Gold to purchase Mr. Oakley's lands in 2008, but it was never finalized. For several years, Mr. Oakley was left in limbo and did not live in his home on the understanding that DDV Gold would be purchasing it. DDV Gold eventually made an offer to purchase the land which Mr. Oakley declined. DDV Gold then applied to expropriate Mr. Oakley's land. The parties agreed on the market value of the land, but disagreed on what, if any, compensation should be awarded to Mr. Oakley for disturbance arising from the expropriation.

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