WINDS OF CHANGE AND THE LAW OF EXPROPRIATION
AbstractIn this article the author critically examines Canada’s law of expropriation. In particular, he discusses the substantive rules in this area, and suggests that a statutory definition of the criteria by which compensation payable is to be calculated should be sought. He briefly examines the notions of “market value” and “value to the owner”, and suggests that in Canada difficulty lies in deciding what extra factors may be considered, and how those factors should be valued in determining how much an owner should receive by way of compensation. Although the author does not suggest a precise form that a statutory definition of just compensation would take, he stresses that such a definition is an essential part of any uniform expropriation statute. The author concludes with a discussion of several tribunal systems, particularly examining those of Ontario and British Columbia, and lists several characteristics that would ideally be found in a tribunal determining compensation.
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