WHAT IS EXPROPRIATION? Expropriation is a process by which the government or certain public entities designated by law can divest a person, without said person’s consent, of his or her property or part thereof. In some cases, this means that a person may lose his or her business, buildings or real estate development project. In other cases, expropriation also entails the relocation of a business, along with all the expenses that would ensue. OUR EXPROPRIATION EXPERIENCE Expropriation is a specialized field of expertise with its own specific set of rules. Supported by one of the leading litigation and real estate law practice groups in Canada, our team combines the necessary experience with detailed knowledge of the process involved in order to successfully handle the most complex expropriation matters. We follow a pragmatic approach to settling matters in the most optimal way possible. We have the necessary resources to represent your interests, whether the matter is simple or complex. We accompany expropriated parties through every step of the expropriation process, and help them make the most informed decisions possible, both quickly and efficiently. Our services encompass all aspects of expropriation, from contesting a notice of establishment of a reserve or a notice of expropriation, to full compensation. Over time, we have built a vast network of contacts, which allows us to call upon leading experts who are entirely at your disposal (real estate appraisers, business appraisers, engineers, urban planners and architects). As an example of a complex matter, we represent Pièces d’autos de Montréal-Nord (PAMN) against the Agence métropolitaine de transport and the Québec Ministry of Transportation. At trial, PAMN secured a favourable ruling of almost $6M, while the expropriating party was offering less than $1M. The decision is currently under appeal regarding certain questions. View trial decision (in French only). The appraisal of the expropriated property, which involves concepts that are specific to expropriation law, is based on different approaches (Sales Comparison Approach; Cost Approach; Income Capitalization Approach; etc.). The expropriated party is entitled to receive the highest justified market value for the property. Such value should also take into account, where demonstrated, any suitability value or special value the property has for the expropriated party. This is unique to the expropriation process and must be examined carefully by all professionals involved. FIVE TIPS If you receive a notice of expropriation or a notice of establishment of a reserve, here are five tips that will help you maximize the chances of dealing successfully with the situation: 1. Act quickly! Upon receipt of the notice, we suggest you contact a law firm qualified to handle such a case: a law firm that will be able to advise and accompany you throughout the process. 2. Surround yourself with a dedicated team of experts! Having a team of experts and lawyers that know the specific rules of expropriation working to your benefit can make all the difference. We can put together such a team for you, as expeditiously as possible and in accordance with the highest standards. 3. Know the deadlines for contesting the notice! Upon receipt of a notice of expropriation, you have 15 days to appear before the Tribunal and, when applicable, 30 days to indicate your intention of contesting the right to expropriate. Again, acting quickly is key. 4. Notify the lessees! If you are the owner of a property that is the subject of an expropriation notice, it is your responsibility to notify the lessees or occupants, in writing, within 15 days of receiving the notice of expropriation. The lessees will then have 15 days to appear before the Tribunal. 5. Declare all commercial activities occurring on the property! It is important to inform the expropriating party of all commercial activity taking place on the expropriated property, when applicable. This will have a definite impact on the conduct of the expropriation procedure. THE RIGHT TO JUST AND EQUITABLE COMPENSATION When the right to expropriate isn’t being contested, the expropriated party has a right to just and equitable compensation. The amount of such compensation is determined according to the value of the expropriated property and the prejudice directly caused by the expropriation. These two concepts draw on elements specific to expropriation law. Our team has the necessary experience to help you carefully determine the various items that can be claimed in the context of an expropriation. An expropriated party has the right to be compensated for any legitimate claim. We are committed to putting this principle into full effect. CONTACT NIKOLAS BLANCHETTE Lawyer Year of Call : 2006 +1 514 397 7679 [email protected] Real Estate | Litigation & Dispute Resolution | Corporate/Commercial | Commercial Litigation | Alternative Dispute Resolution Nikolas Blanchette is a litigator in the Litigation and Dispute Resolution Group. His practice focuses mainly on complex civil, administrative and commercial disputes, with a specialization in real estate and contractual litigation. His experience in real estate litigation is vast, and touches on a number of areas: real estate projects and transactions, commercial leases, expropriations, municipal taxation (commercial, industrial and mining sites), co-ownership, zoning, urban planning, latent defects, soil contamination, real estate asset assessments, determination of emphyteutic rents, neighbourhood annoyances, and much more. His field of practice covers a variety of property law regimes. He frequently collaborates with real estate assessment experts. Nikolas is regularly called upon to resolve contractual law disputes. He has much experience with resolving disputes stemming from complex agreements of all kinds (sales, service, financing, franchise, distribution, transportation, royalty, consignment sale, installment sales and other types of agreements) involving clients from various sectors of the business world. Over the years, he has developed extensive experience in interpreting agreements and regularly provides continuing education training to his colleagues. The proceedings he has led before the courts have dealt with regulatory, legislative and constitutional provisions. His cases often require fast procedural interventions such as safeguard orders, seizures, injunctions and evictions. Nikolas favours a dispute resolution approach that balances the stakes, costs and his client’s objectives. Before the courts, he does not hesitate to use creative and innovative arguments to ensure the success of the mandates entrusted to him. He regularly pleads before civil and administrative trial and appellate courts in Québec, in addition to appearing before domestic arbitration tribunals. ABOUT FASKEN MARTINEAU Fasken Martineau is a leading international business law and litigation firm with nine offices and with more than 770 lawyers across Canada and in the UK, France and South Africa. Our lawyers consistently receive accolades worldwide and earn hundreds of rankings each year from prestigious business and legal publications such as Chambers & Partners, International Financial Law Review (IFLR), The International Who's Who of Business Lawyers, Canadian Legal Lexpert Directory, Legal 500 and others. We operate in English and French in civil law and common law jurisdictions worldwide. All information and opinions contained in this publication are for general information purposes only and do not constitute legal or any other type of professional advice. The content of this publication is not intended to be a substitute for specific advice prepared on the basis of an understanding of specific facts. Any reliance on this information is at your own risk. VANCOUVER CALGARY TORONTO OTTAWA MONTRÉAL QUÉBEC LONDRES PARIS JOHANNESBURG
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