Will the Hamilton LRT affect your property rights?
To build the LRT project, the expropriating authority may need to acquire land from you and your neighbours. If you are affected by this project, as a property owner, a tenant, a business owner or otherwise (an "Affected Party"), you may be entitled to compensation for your loss.
The Ontario Expropriations Act provides for full compensation that includes payment by the expropriating authority of the Affected Party's reasonable legal, professional, appraisal and expert fees.
The expropriation process can be complicated and is governed by strict timelines and procedures. Receive alerts about the project and upcoming free LRT property rights info sessions by signing up for our LRT Hamilton Update newsletter.
- 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").
- Who does Gowling WLG represent? We represent Affected Parties against the expropriating authority. We DO NOT represent the City or Metrolinx with respect to the Hamilton LRT. This means we will represent your interests only.
- What am I entitled to? The expropriating authority must pay market value for the land expropriated and may also be responsible for other categories of compensation such as 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 specific difficulties in relocating, depending upon your circumstances.
- What does this cost me? Exact costs will depend on your case. Some cases will involve not only legal fees, but other costs such as appraisals, valuations and other expert reports. In the vast majority of cases, the reasonable costs are paid for by the expropriation authority (in this case either Metrolinx or the City of Hamilton) when a settlement is reached or the Tribunal issues an Order. Ask us about our deferred fee retainer arrangement.
- What should I do when the City or Metrolinx knocks on my door? Accept the information they provide you, but do not sign anything until you known what rights are.
- 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.
Gowling WLG Expropriation Team
The Gowling WLG expropriation team is recognized as a leader in this practice area, having acted as legal counsel in many leading cases. Our expertise and experience will help guide Affected Parties to receive full and fair compensation.
RSM Canada Expropriation Team
RSM Canada, the leading global provider of audit, tax and consulting services focused on the middle market, has a dedicated team of expropriation professionals who help private property owners understand the extent of losses during an expropriation. With a team of accounting and valuation consultants, we prepare claims for Affected Parties and provide accurate, defensible and timely calculations.
The Expropriation Process
Learn more about the steps in the expropriation process, including:
- Informal negotiations
- Application for approval to expropriate
- Approval of expropriation
- Registration of a plan of expropriation
- Notice of expropriation and election
- Possession
- Statutory offer of compensation
- Negotiation proceedings before the Board of Negotiation
- Arbitration proceedings before the Local Planning Appeal Tribunal
Expropriation Compensation
Learn about your rights to compensation and the implications of expropriation, including:
- Market value
- Injurious affection
- Disturbance damages/relocation costs
- Business Loss
- Interest
- Costs
- Taxation implications of expropriation
LRT News & Resources