The Disposition of Expropriation Costs Without the Tribunal Determining the Compensation

"This article was originally published in the Ontario Expropriation Association's Newsletter"

Expropriation claims are typically resolved between an expropriated owner and an expropriating authority without the need for the Ontario Land Tribunal to decide the compensation.

The parties then typically negotiate the resolution of the costs as a second step. Again, in most cases, the parties reach a settlement without the need for the Tribunal (or a court assessment officer) to decide the costs. However, given recent rule changes, the Tribunal is increasingly deciding the costs after the parties have settled the compensation between themselves.

It is clear from recent Tribunal decisions that the disposition of costs where the compensation was settled without a hearing is a somewhat new and undeveloped area of expropriation law that appears to be causing understandable difficulties for expropriating authorities.