ARTICLE · 19 JUNE 2024

Compensation For Expropriation: Fair, But Not More Than Fair

Stewart McKelvey

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Expropriation is a live issue in Canadian courts. The Supreme Court of Canada's decision to broaden the test for constructive expropriation in Annapolis Group Inc. v Halifax Regional Municipality (2022 SCC 36)...

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Megan Kieley¹ and Elizabeth Fleet¹

Expropriation is a live issue in Canadian courts. The Supreme Court of Canada's decision to broaden the test for constructive expropriation in Annapolis Group Inc. v Halifax Regional Municipality (2022 SCC 36), for example, has had far-reaching impacts on subsequent expropriation cases.

More recently, two cases originating from Newfoundland and Labrador have made their mark on Canadian expropriation law. The Supreme Court of Canada's decision in St. John's (City) v Lynch and the Newfoundland and Labrador Court of Appeal's decision in Shute v Paradise (Town) have clarified the law of damages in the context of expropriation claims. This article outlines these recent decisions and their impact on municipalities and future expropriation claims.

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