ontario-expropriations-act-statutory-interpretation
Installation
SKILL.md
Compensation Provisions Deep-Dive (s.13-18)
s.13: Market Value Determination
Statute: "The compensation payable for land shall be based upon the market value thereof."
Key principles:
- Valuation date: Earlier of notice of expropriation service (Form 7) or plan registration (s.13(2))
- Highest and best use: Value based on property's optimal legal use, not current use
- Example: Agricultural land zoned industrial → valued at industrial land value, not farm value
- Special purchaser excluded: Cannot include premium a specific buyer would pay
- Example: Adjacent landowner would pay 20% premium to assemble parcels → premium excluded, use market value to typical buyer
- Forced sale discount: Not applicable - owner entitled to full market value despite forced sale
- Rationale: Public should bear cost of expropriation, not penalize owner for involuntary sale
Case law: Diggon-Hibben Ltd. v. The King [1949] S.C.R. 712 - market value defined as price willing buyer and willing seller would agree upon in open market