1. law, govt and politics

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
nblanchette@fasken.com
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.
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