Highway 427 Extension — Expropriations
Message to owners and tenants in the affected area
If you are a property owner or tenant of future development, commercial, residential or other property in the Highway 427 Extension Transportation Corridor, you may be affected by the impending highway extension project. The Province may need to acquire your property interests, by expropriation if necessary.
Our leading team of expropriation lawyers can help you to protect your interests
The Highway 427 Extension Project: The Ontario Ministry of Transportation (MTO) in consultation with other stakeholders, undertook a study to address existing and short-term transportation problems related to the current Highway 427 terminus, truck traffic accessibility to and from the CP Vaughan Inter-modal Facility, and their impact on inter-regional traffic in the Peel-York boundary area.
The identified solution includes a transportation corridor consisting of a highway and transitway, as well as associated works and support facilities. The map above indicates the affected areas and includes:
Expropriations: This project requires the MTO to acquire many properties, through purchase or expropriation, along the corridor. The design work completed for both the highway and transitway components of the transportation corridor and the associated support facilities has been completed to a sufficient level of detail to confirm the feasibility of the proposed infrastructure and more importantly, to identify the property requirements.
MTO or negotiators hired by MTO may approach you with an offer to purchase all or part of your property. The expropriation process, and entitlements to compensation under the Expropriations Act, are complex, and to best protect your investment in land affected by MTO’s project, you should consider consulting with experts experienced in expropriation cases.
Working with a lawyer and other experts to address the expropriation of your land does not mean you will have to bear the cost of legal and expert fees. Under the Expropriations Act, landowners are entitled to reimbursement of reasonable legal and other fees incurred to determine compensation, subject to some rules. Some lawyers accept expropriation cases on a contingency fee basis, meaning that the client pays the law firm a percentage (sometimes 20% to 30%) of the compensation settlement.
You do NOT need to engage a lawyer on this basis because of the protection to landowners for fees reimbursement provided under the Act. We do not take expropriation cases on a contingency fee basis.
Our Expropriations Team
Borden Ladner Gervais LLP (BLG) expropriation lawyers Stephen Waqué, J. Pitman Patterson and Frank Sperduti are currently engaged by property owners and tenants affected by the Highway 427 Extension project and by other MTO highway projects throughout the Province. These three partners are leading expropriation counsel and would be pleased to discuss representation of your interests as well.
Stephen Waqué is the co-author of the leading text: New Law of Expropriation and is highly ranked by Best Lawyers in Canada, L’Expert and other ranking organizations. He concentrates on expropriation, real estate development, environmental and municipal law. Stephen acts regularly as legal counsel to land owners and is also retained as appeal counsel and consulted by other solicitors in Ontario, elsewhere in Canada, and in the US, for expert advice on real estate, expropriation, environmental, and other matters. Stephen is the National Focus Group Leader in Expropriation.
Pitman Patterson is a partner in our Toronto office and is listed in The Best Lawyers in Canada for Real Estate (2014). He is also Past President of the Ontario Expropriation Section and sits on the executive of the Ontario Bar Association — Municipal Section. Pitman has acted in expropriation and land acquisition matters throughout Ontario, including many highway and transit improvement projects such as Highway 407 West (and transitway) and 407 East, Highways 400 and 404, and various subway, LRT and BRT projects in Toronto, York Region, Peel Region, Waterloo and Ottawa.
Frank Sperduti is a partner in our Toronto office. He is a Past President of the Ontario Expropriation Association and remains on their Board of Directors. Frank’s practice focuses on expropriation and land compensation disputes, and has appeared before the Board of Negotiations, the Ontario Municipal Board, the Ontario Divisional Court and the Ontario Court of Appeal in expropriation claims. He has acted for landowners in claims against the Ministry of Transportation in large highway projects including Highway 407 West and East, the extension of Highway 404, the realignment and widening of Highways 11, 69, 115 as well as various interchange reconstruction projects along Highways 400 and 401.
Our Expropriation Law Group is the largest in the country and has handled leading cases on behalf of both expropriated owners and expropriating authorities. Given our balanced practice, we understand the process from the perspective of both major participants. This experience aids us in finding creative solutions to expropriation problems and gives us superior perspective on compensation issues.
With respect to landowners, our clients range from individual homeowners, small businesses, tenants and farm families to the largest developers and institutions.