Expropriation
About Us
We understand the pressure and frustration that landowners, business owners, and their families experience throughout the expropriation process. Our services are tailored to minimize the stress of an expropriation and to obtain full and fair compensation for your private property.
Michael Nemanic Law's commitment to stress-free representation is backed by our commitment to responsive service and that we will only be paid after you receive full and fair compensation from the government.
An expropriation lawyer who has seven years of experience acting on behalf of property owners throughout the Province of Ontario, Michael Nemanic has the experience to get you the best deal for the sale of your private property.
He frequently appears before the Ontario Land Tribunal and the Ontario Courts in a range of planning, development, and municipal cases. He was a contributing writer to the well-known and often cited Expropriation chapter in the legal treatise Municipal Lands: Acquisition, Management, and Disposition.
The Full Story
The Expropriations Act, R.S.O. 1990, c. E.26 (the "Act") authorizes the government to "expropriate" or take your private property without your consent to facilitate the construction of major infrastructure projects.
Since many municipalities in Ontario are in the process of undertaking and completing major infrastructure projects, we have noticed that there as been a noticeable uptick in the frequency of expropriations.
The expropriation process often begins during the public consultation process related to a proposed infrastructure project. There are usually public notices, newspaper notices, and public meetings for the purpose of discussing the proposed infrastructure project. Notable examples include the Ontario Line Project in Toronto, the Dundas Bus Rapid Transit Project in Mississauga, and the Downtown Loop in London.
Through this public consultation process, the government will indicate the private property it intends to expropriate to facilitate the construction of the proposed infrastructure project. The government will then mail a document known as a Notice of Approval to Expropriate to commence the expropriation proceeding.
However, according to Section 6 of the Act, the government is not allowed to expropriate your property without offering to pay the fair market value of your private property and your relocation costs. That is where the experienced expropriation lawyers of Michael Nemanic Law can assist you by conducting negotiations on your behalf to secure full and fair compensation and -- if necessary -- appeal the government's decision.
Fees in Expropriation Cases
Will I have to pay legal fees?
In almost all expropriation cases, the government is required to pay the private private owner's out-of-pocket costs. These out-of-pocket costs include all of your legal and other consultant fees.
When are my costs usually paid?
Your costs are usually paid at the end of the expropriation process, once the fair market value of your private property and your relocation costs are determined.
Will I have to pay you upfront?
Michael Nemanic Law is always open to discussing fee arrangements that fit your unique needs and circumstances. Our general practice is to bill our fees after your claim has been resolved. This means that we continue to be fully invested in your case from start to finish and only get paid after you do.
Are your fees deducted from my compensation?
Our fees are based on hourly rates that will never be deducted from the compensation payable to you. Legal and consulting fees are a separate amount that the Act requires the government to pay.
Let’s Work Together
Get in touch so we can start working together on your expropriation case.