EXPROPRIATION AND INDEMNITY FOR FORCIBLE DISPOSSESSION

Abstract

This article concerns the question of whether, in addition to indemnification, a percentage allowance should be made for forcible taking. Although the legality of the additional allowance has been frequently questioned in England and Canada, the courts continue to grant it. The author argues, however, that criteria for awarding the allowance are so difficult to apply that grants will seldom be made. Arguing that allowances should be granted, he analyses the English jurisprudence, the jurisprudence of federal and provincial Canadian courts and the opinions of text writers.