Receiving notice of expropriation in Ontario is not just another piece of paperwork. It is a formal step that changes your legal relationship with your property. For landowners in Toronto, this usually means a government or public authority intends to acquire your land for a major public project such as a road widening, a new transit line, or utility expansion.

So what does this mean for you, and what should you do next? Here is what you need to know from the perspective of an experienced expropriation lawyer in Toronto.

What Happens When a Plan of Expropriation Is Registered?

When an expropriating authority files a plan of expropriation with the land registry, it becomes part of your property’s title. This is not a proposal or a possibility, it is a legally binding document that gives the authority the right to take your land, either in whole or in part.

In most cases, this step happens after the authority has gone through preliminary approvals and served a notice of application for approval to expropriate. If you are at this stage, the process is already well underway.

Immediate Impacts for Landowners

Once the plan is registered:

  • Ownership rights change. The authority can take possession of your land, subject to notice requirements.
  • You may not be able to sell or mortgage your property freely. The registration on title limits how you can deal with the property.
  • You are entitled to an official compensation offer from the authority. What Compensation Can You Claim?

Compensation is not just limited to the fair market value of the land taken. Under the Ontario Expropriations Act, you may also be entitled to:

  • Injurious affection – If the expropriation reduces the value of the land you keep
  • Disturbance damages – Costs associated with disturbance from the construction works, moving or relocating your business
  • Business losses – For example, if construction interferes with customer access or disrupts operations or you are forced to relocate or terminate your business
  • Special damages – Loss of development potential or adaptation costs

Calculating these amounts can be complicated, especially for commercial or development properties. Authorities often only present offers for the fair market value  that do not count for any other damages.  This is why speaking with an expropriation lawyer in Toronto is important.

Why Timing Matters

Some landowners wait until after the land is taken to seek advice, but this can be a costly mistake. Engaging a lawyer early, right when you receive notice of the application to expropriate, allows us to:

  • Protect your rights and meet all deadlines
  • Prepare a strong case for full compensation
  • Coordinate with appraisers and business valuators to document losses

The earlier you act, the better positioned you are to recover everything you are entitled to.

Why Work With Mathany & Higgs?

Expropriation law is complex and nuanced and requires specific expertise. At Mathany & Higgs, we focus on ensuring the process is fair and that you receive the compensation the law allows.

Get Legal Advice Before It Is Too Late

If you have received a notice of an application to expropriate or believe your property will 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 pursue the compensation you are entitled to under Ontario law.