Welcome to our dedicated resource page for property owners affected by the Hamilton Light Rail Transit (LRT) project. As the LRT development progresses, understanding your rights and options regarding expropriation becomes paramount. This page serves as your comprehensive guide, providing you with the information to navigate the process effectively.
Understanding your expropriation rights
Property owners impacted by expropriation have specific rights under the Ontario Expropriations Act, including full compensation for losses incurred as a result of the expropriation. Knowing your rights and legal options during this process is crucial to securing fair treatment and compensation.
The step-by-step expropriation process
The expropriation process involves several stages, including informal negotiations, application for approval to expropriate, registration of expropriation plans and possession of the property by the expropriating authority. Our legal team will guide you through each step of the process, helping protect your rights and advocate for fair compensation on your behalf.
- Informal negotiations: The process typically begins with informal negotiations between the expropriating authority and the Affected Parties to reach an agreement on compensation and other terms.
- Application for approval to expropriate: The expropriating authority submits an application to the appropriate government body seeking approval to proceed with the expropriation.
- Approval of expropriation: Once approved, the expropriating authority gains the legal authority to acquire the property for the stated public purpose.
- Registration of a plan of expropriation: A formal plan outlining the expropriation is registered, detailing the affected properties and transferring ownership to the expropriating authority.
- Notice of expropriation and election: Affected Parties are formally notified of the expropriation, and they have the option to elect the date for assessment of compensation.
- Possession: The expropriating authority serves a Notice as to the required date for possession of the property that is at least 90 days after service of the notice of possession.
- Statutory offer of compensation: Within 90 days of registration of the expropriation plan, the expropriating authority makes a statutory offer of compensation to the affected parties, covering various losses incurred due to the expropriation. This offer can be accepted without prejudice to the right to seek additional compensation.
- Negotiation and arbitration proceedings before the Ontario Land Tribunal: If parties cannot agree on compensation, they may enter negotiation or arbitration proceedings before the Ontario Land Tribunal to resolve disputes and determine fair compensation.
Fair compensation matters: Maximizing your expropriation claim
Under the Ontario Expropriations Act, property owners are entitled to full compensation for various losses resulting from expropriation, including:
- Market value: Compensation is based on the fair market value of the expropriated property at the time of acquisition.
- Injurious affection: Additional compensation may be provided for any decrease in the value of the remaining property due to the expropriation.
- Disturbance damages/relocation costs: Compensation for expenses related to relocating or disruptions to businesses or livelihoods caused by the expropriation.
- Business loss: Reimbursement for loss of business or income directly resulting from the expropriation.
- Interest: Compensation may include interest on the amount for market value and injurious affection owed to the affected parties, calculated from the date of expropriation or the date of loss of productive use of the land.
- Costs: Coverage of reasonable legal, professional, appraisal and expert fees incurred by the affected parties in the expropriation process.
Frequently asked questions
What is expropriation?
Expropriation means the taking of "land" without the consent of the "owner" by an expropriating authority (e.g. the City or Metrolinx). Land includes things like easements and leases. Owner includes owners, mortgagees, tenants and others who have rights related to the land ("Affected Parties").
How do I know if my property is impacted by the LRT project?
If your property is located along or near the proposed LRT route, it may be subject to expropriation or other impacts. The LRT line will run approximately 14 km starting at McMaster University on Main Street. The line will continue east until Dundurn Street South and run north to King Street, which will connect it to downtown Hamilton. At the King–Main intersection, the line will continue on Main Street until the Queenston Circle and then Queenston Road until Eastgate Square. Please note that specific details of the LRT system may still be subject to change.
What am I entitled to?
If your property is expropriated, the expropriating authority is required to pay the market value for the land taken. In addition, depending on your circumstances, you may be entitled to other categories of compensation. These may include damages attributable to disturbance (e.g., costs thrown away), business loss (e.g., loss of sales), injurious affection (e.g., impact to remaining lands) or special difficulties in relocating. The specific compensation you may be eligible for will depend on your unique situation and the applicable laws and regulations.
What if my business is affected?
There are many ways your business can be impacted (e.g., your sales decrease because parking is limited). The expropriating authority may be responsible for compensating you for different types of losses.
How can Gowling WLG and RSM assist me in the expropriation process?
Gowling WLG and RSM can provide legal and accounting advice, respectively, to protect your interests, guide you through the expropriation process, assess compensation offers and help you receive the maximum compensation you deserve.
Note: We represent Affected Parties against the expropriating authority. We do not represent the City of Hamilton or Metrolinx with respect to the Hamilton LRT. This means we will represent your interests only.
What does this cost me?
The exact costs will vary depending on the specifics of your case. In addition to legal fees, there may be other expenses, such as appraisals, valuations and expert reports. However, in the majority of cases, the reasonable costs are typically covered by the expropriation authority (either Metrolinx or the City of Hamilton) when a settlement is reached or when the Tribunal issues an Order. We are pleased to offer our clients a deferred fee retainer arrangement. Please contact us for more details.
What should I do when the City of Hamilton or Metrolinx knocks on my door?
Accept the information they provide you, but do not sign anything until you understand what your rights are.
Key contacts
Connect with us
If you have received notice of expropriation or believe your property may be affected by the Hamilton LRT project, don't hesitate to contact our team for expert legal assistance. We offer personalized consultations to assess your situation and provide guidance tailored to your specific needs. Take the first step toward protecting your rights and securing fair compensation by contacting us today.
Gowling WLG's Expropriation Law Group is dedicated to guiding property owners and tenants through every stage of the expropriation process, from informal negotiations to litigation. With over 35 years of experience in complex proceedings and claims, our team ensures you understand your rights and maximize available compensation. We leverage our extensive knowledge of municipal, land use planning, land development and environmental issues, along with strong relationships with accounting and valuation firms, to deliver superior results.