Navigating expropriation for the Hamilton LRT Project

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").

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.

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.

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.

Gowling WLG, a global law firm with a strong local team in Hamilton, has partnered with RSM, a top accounting firm, to protect your interests and secure fair compensation for your property. 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.

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.

Accept the information they provide you, but do not sign anything until you understand what your rights are.