When public infrastructure projects require the acquisition of private land, the process is never just administrative. For public authorities, successful expropriation requires careful planning, a clear understanding of the potential risks involved and precise legal execution of the process. . Having a knowledgeable and experienced legal team guiding the process is one of the key factors to a successful expropriation. Mathany & Higgs is a Toronto-based law firm that works on both sides of property disputes. Our experience includes representing municipalities and government agencies as well as private property owners. This dual perspective gives us a unique understanding of the legal, procedural and practical challenges that public authorities often face in expropriation.
Why a Comprehensive Legal Approach Matters
Whether acquiring land for roads, utilities or community developments, public authorities must follow a strict set of legal rules and guidelines. Ontario Expropriations Act requires that property owners be treated fairly and compensated appropriately. Failure to do so can result in delays, hearings before the Ontario Land Tribunal and additional costs that may not have been anticipated at the outset.
Working with a law firm like Mathany & Higgs ensures the process is thorough from the beginning. Our team understands how to draft and serve notices required under the Expropriations Act, coordinate appraisals and handle negotiations. Because we also represent private clients, we know how claims can be built from the landowner’s side. This knowledge allows us to better anticipate challenges and to navigate through the complexities of expropriation with utmost efficiency and thoroughness. Preventing Disputes
In many cases, compensation is the most contentious part of the expropriation process. Disputes can arise over fair market value, business losses, relocation costs and even emotional distress. It is always in the best interest of an expropriating authority to reach an amicable agreement with the landowner and prevent litigation where possible. For that, public authorities benefit from working with a legal counsel who can assist with reaching amicable agreements, reviewing appraisals, identifying potential claims early and avoiding missteps that may lead to litigation.
Mathany & Higgs regularly works with real estate professionals, valuation experts and engineers to ensure that every claim is backed by solid, well-documented evidence. This comprehensive approach not only helps prevent disputes but also protects the integrity of the project timeline and the expropriating authority’s public image.
Support Through Tribunal Proceedings
Expropriation matters that cannot be resolved amicably or via negotiation are referred to the Ontario Land Tribunal. Mathany & Higgs has significant experience representing clients in expropriation hearings, managing everything from procedural filings, helping with expert witnesses and ensuring professional and effective representation at the Tribunal.
Our firm is equally comfortable representing landownersand understands what Tribunal members expect and how to build a file that stands up to legal and evidentiary scrutiny. This can mean fewer adjournments, faster resolutions and more predictable outcomes.
Additional Land Use and Property Support
Public authorities also face challenges outside of expropriation. Zoning disputes, boundary conflicts and ownership issues can all stall or complicate public projects. Mathany & Higgs provides litigation support in these areas as well. We are familiar with the intersecting laws that govern real property in Ontario and can represent municipalities in resolving these matters efficiently.
Whether the issue involves a condominium board, a commercial landlord or a co-owner of a disputed parcel, their team has the legal tools needed to bring matters to resolution.
A Trusted Partner for Public Projects
Public projects often move under intense scrutiny. Having a law firm that understands the responsibilities and limitations public authorities face can make the process smoother and more predictable. With deep experience across real property litigation, expropriation claims and real estate law, Mathany & Higgs offers legal guidance that balances government mandates with sound legal procedure.
To learn more about how Mathany & Higgs can assist with your next infrastructure or land acquisition project, visit www.mhlawyers.ca or call 416-947-6700 to schedule a consultation.