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ARTICLE · 04 JUNE 2021

Modernizing The Expropriation Framework: A Year Of Change

Borden Ladner Gervais LLP
Borden Ladner Gervais LLP
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Par : Frank J. Sperduti, Isaac Tang, Robert Wood, Piper Morley, Pitman J. Patterson, Callum Hutchinson

CanadaReal Estate and Construction
Frank J. Sperduti
Frank J. Sperduti
Isaac Tang
Isaac Tang
Robert Wood
Robert Wood
Piper Morley
Piper Morley
J. Pitman Patterson
J. Pitman Patterson
Callum Hutchinson
Callum Hutchinson
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For the first time in decades, Ontario's Legislature over the past year has enacted a number of changes to provincial expropriation procedures, including the first significant changes to the Expropriations Act, R.S.O. 1990, c.E.26 (the Expropriations Act) since it was adopted in 1970.

The changes primarily affect the public's right to challenge a proposed expropriation through a "hearing of necessity," but also have the effect of abolishing the Board of Negotiation, which has long provided an early mediation opportunity for parties to an expropriation. Even the generous interest and cost protections in the Expropriations Act, provisions that many have considered unique to expropriated landowners, are now the subject of amendment. This bulletin is intended to provide readers with a thumbnail overview of the major changes to the Expropriations Act expected to come into force on June 1, 2021, and related legislation enacted over the past year affecting the

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