November 05, 2020

About the Author

  • Antoine Hacault

    Antoine’s practice is concentrated in the areas of expropriation law, municipal law, commercial law, litigation, administrative law and Indigenous law.
    (204) 934-2513

Expropriation is defined as the government’s right to take the whole or part of privately owned land for public use and benefit, upon the obligation to pay just compensation to the owner. Depending on the nature of the taking and the applicable legislation, the owner of the property can receive compensation in the form of market value of the property, injurious affection, disturbance, and special value. Interest and consulting costs are also commonly awarded in the owner’s compensation package.

This paper serves as a refresher on basic principles of expropriation and compensation. The main focus of this paper is to provide a checklist of due compensation for the category of “disturbance” which is generally broadly defined to include any costs, expenses and losses arising of or incidental to the expropriation. The law of expropriation has developed significantly over the past 20 years, and in most Canadian jurisdictions the law has undergone a complete restructuring. Almost all expropriation statutes across the provinces now provide for generous compensation and reasonable procedures.

This article is presented for informational purposes only. The content does not constitute legal advice or solicitation and does not create a solicitor client relationship. The views expressed are solely the authors’ and should not be attributed to any other party, including Thompson Dorfman Sweatman LLP (TDS), its affiliate companies or its clients. The authors make no guarantees regarding the accuracy or adequacy of the information contained herein or linked to via this article. The authors are not able to provide free legal advice. If you are seeking advice on specific matters, please contact Keith LaBossiere, CEO & Managing Partner at, or 204.934.2587. Please be aware that any unsolicited information sent to the author(s) cannot be considered to be solicitor-client privileged.

While care is taken to ensure the accuracy for the purposes stated, before relying upon these articles, you should seek and be guided by legal advice based on your specific circumstances. We would be pleased to provide you with our assistance on any of the issues raised in these articles.