Know Your Acts
This Ontario law governs how land can be taken without the owner’s consent for public purposes.
What is the Expropriations Act Ontario?
The most probable price a property would sell for in an open market.
What is Market Value?
The formal document that informs an owner their land may be taken.
What is a Notice of Application for Approval to Expropriate?
This is the preferred method of acquiring land without using expropriation powers.
What is Negotiation (or Amicable Purchase)?
Hidden legal claims or debts attached to a property.
What are Encumbrances?
This Act controls land use planning, zoning, and development approvals in Ontario.
What is the Planning Act Ontario?
Compensation for inconvenience, moving costs, or business losses due to acquisition.
What are Disturbance Damages?
This document officially transfers ownership once compensation is agreed or awarded.
What is a Transfer/Deed of Land?
The party who owns the land being acquired.
Who is the Property Owner?
Contamination on land that may require cleanup before development.
What is Environmental Contamination?
This Act governs environmental assessments for major infrastructure projects.
What is the Environmental Assessment Act Ontario?
The reasonably probable and legal use of land that results in the highest value.
What is Highest and Best Use?
The registration system used in most of Ontario for property ownership.
What is the Land Titles System?
A professional who determines the value of property for compensation purposes.
Who is an Appraiser?
A disagreement over compensation that may go to a tribunal.
What is an Appeal (or Hearing of Necessity/OLT hearing)?
This Act allows municipalities to levy development charges on new development.
What is the Development Charges Act Ontario?
When only part of a property is taken, this compensates for loss in value to the remaining land.
What is Injurious Affection?
This step confirms legal ownership and identifies encumbrances.
What is a Title Search?
This professional ensures legal documents are correct and registered.
Who is a Real Estate/Expropriation Lawyer?
This occurs when ownership records are unclear or disputed.
What is a Title Defect?
This Act regulates land title registration systems in Ontario.
What is the Land Titles Act Ontario?
This principle ensures the owner is put in the same financial position as before the taking.
What is the Principle of Equivalent Reinstatement (or Being Made Whole)?
This is the final step where funds are exchanged and ownership changes hands.
What is Closing?
This government agency often acquires land for transit expansion projects in Ontario.
What is Metrolinx?
Delay caused by regulatory approvals or stakeholder opposition.
What is Project Delay Risk?