Area of Expertise
Alongside the increase in major infrastructure projects across Canada, there has been a significant increase in expropriation activity. Expropriation is the act of a government or other expropriating authority claiming privately owned property against the wishes of the owners, to be used for the benefit of the overall public. The purpose of the expropriation often includes the building of highways/roads, power lines, and transit projects. Under the various provincial expropriation acts, the “owners” of the property, which can include tenants, must be properly compensated for the property taken, as well as business losses and out-of-pocket costs directly attributable to the expropriation, among other things.
CHS has vast experience as financial experts in expropriation matters, being engaged by both claimants and expropriating authorities. We have been involved in hundreds of cases, many of which settled prior to a formal hearing before the relevant body (i.e. Ontario Municipal Board, Local Planning Appeal Tribunal, and Ontario Land Tribunal). These mandates have involved obtaining the necessary information from the claimant and preparing detailed reports quantifying the claimant’s business losses and out-of-pockets expenses directly attributable to the expropriation and/or responding to an opposing expert’s report quantifying the same. We regularly attend mediations and other settlement discussions to assist our clients and their counsel in these proceedings.
Disturbance Damages Related to Expropriation of Gas Station and Convenience StoreMatter involving the quantification of disturbance damages (i.e. business losses and out-of-pockets expenses) due to the expropriation of lands from which a gas station and convenience store operated.Learn More
Quantification of Disturbance Damages Related to Expropriation of FarmMatter involving the quantification of disturbance damages (i.e. business losses and out-of-pockets expenses) due to the expropriation and relocation of a cash crops farm.Learn More
Quantifying Disturbance Damages Related to Expropriation of Plaza LandsMatter involving the quantification of disturbance damages (i.e. rental losses and out-of-pockets expenses) due to the expropriation of lands from which a Plaza operates.Learn More
Franchisor’s Claim Under the Expropriations Act Related to Closure of Franchised RestaurantMatter involving the quantification of losses of a franchisor due to the expropriation of the property from which a franchised restaurant operated and was therefore required to close.Learn More
Expropriation of a Franchised Grocery Store for the Construction of a New Subway LineMatter involving an estimate of franchisor’s disturbance damages due to the expected closure of a franchised grocery store resulting from expropriation of the property from which the store operates.Learn More
News & Insights
Antonina Wasowska’s article "Smaller, Not Simpler - Challenges with Litigation Engagements for Smaller Businesses" (co-author) was published in the 2021 Journal of Business Valuation.
Paula Frederick’s article “Interrelationship of Franchisor and Franchisee Claims” was published in the Ontario Expropriation Association Magazine – Summer 2021 Edition.
Paula Frederick presented at the 2020 Ontario Expropriation Association Spring ConferencePaula Frederick presented at the 2020 Ontario Expropriation Association Spring Conference (virtual) on the topic of “Impact of COVID-19 on Business Value and Business Loss Assessments”.