An expropriation hearing of necessity is a critical step in the process when a government or public authority seeks to take private land for a public purpose in Ontario. For landowners in Toronto, this presents an opportunity under the Expropriations Act to challenge the planned taking before the expropriation plan is registered on the title and the lands have been transferred to the expropriating authority. . Understanding the basics of the hearing of necessity can help you to fight for your rights and know how you can claim for fair compensation.
When Does a Hearing of Necessity Happen?
The expropriation doesn’t happen without due process. The authority must first notify of their intention to expropriate land for a public purpose, such as a road expansion, transit development, or installation of utilities. This is done by serving the landowners the notice of application for approval to expropriate (NOA). Once the landowner has received the NOA they can challenge the expropriation and have a formal discussion through a hearing of necessity.
At this hearing, the Ontario Land Tribunal reviews the project and the proposed acquisition to determine:
- Whether the authority truly needs the property for a public purpose; and
- Whether the land selected is reasonable and appropriate for the project
Only until after the hearing is resolved can authority can proceed with the expropriation of your land.
What Landowners Should Know
You cannot challenge the expropriation until you have received a NOA from the expropriating authority. Once you are in receipt of the NOA you can notify the approving authority of your desire to challenge the expropriation through the means of a hearing of necessity. .Key considerations include:
- Necessity of the expropriation – The expropriating authority must prove that the land is required for the public project and that there are no reasonable alternatives.
- Scope of land needed – You can question whether the entire property, or just a portion, is necessary.
- Project justification – The expropriating authority’s evidence must show that the project serves a genuine public purpose.
An expropriation lawyer in Toronto can review the authority’s claims, identify weaknesses, and prepare submissions on your behalf.
Why Legal Representation Matters
Hearings of necessity are formal proceedings and governed by a set of standards. Not having this professional guidance can make it difficult to effectively challenge the expropriation. .
A lawyer experienced in expropriation law can:
- Advise you on how the hearing works and what to expect
- Challenge any assumptions or evidence presented by the expropriating authority
- Coordinate with appraisers or planners to support your case
- Protect your rights while ensuring all deadlines and procedural requirements are met
Having legal representation present is necessary to ensure the process is fair, especially for you as a landowner.
Next Steps for Toronto Landowners
What follows is the process, including discussions and negotiations involving compensation. You should not be dealing with this step alone, as even the wording can be meticulous for the case. Contacting an expropriation lawyer in Toronto as soon as you are being approached by an expropriating authority for an amicable acquisition of your property but especially after you receive a NOA is strongly advisable. That way, you can prepare with a longer amount of time and won’t panic or rush.
Work With Mathany & Higgs
Expropriation law can be complicated and challenging to deal with. At Mathany & Higgs, we offer the right legal support that you would need. We assist landowners with their cases and review the material available to us. Including evidence and paperwork to come up with a suitable outcome that protects their property rights. Along with securing fair compensation.
Speak to an Expropriation Lawyer in Toronto
If you have received a NOA or believe your property may be affected by a public project in Toronto, now is the time to act. Contact Mathany & Higgs today to speak with an experienced expropriation lawyer in Toronto. We will review your situation, explain your options, and help you protect your rights under Ontario law.
Frequently Asked Questions About Hearings of Necessity in Ontario
- What is the purpose of a hearing of necessity?
It allows landowners to challenge the expropriation before a government or public authority can permanently acquire private land for a public project. The hearing ensures the decision is fair, sound and reasonably necessary. - Who oversees a hearing of necessity in Ontario?
The Ontario Land Tribunal reviews the proposed expropriation to confirm it is necessary and appropriate for the public project. - Can a landowner influence the expropriation outcome?
While the hearing may not always stop the expropriation, landowners can challenge the authority’s evidence, suggest alternatives, and influence the scope of land taken or compensation terms. - What compensation am I entitled to if my land is acquired?
Landowners are entitled to fair market compensation under Ontario law, including certain costs related to legal advice and appraisals. - How long does the process usually take?
The hearing and related proceedings generally take several months, depending on project complexity. - When should I get legal advice?
Seek guidance as soon as you receive notice of a proposed expropriation. Early consultation helps you prepare effectively and protect your rights.