ONTARIO GRAIN FARMER 23 BUSINESS SIDE • Business losses: This includes any loss of profits suffered by the business as a result of the expropriation or the project, including losses caused before the expropriation and during and after the construction. • Relocation compensation: This is compensation paid to an expropriated owner who is forced to relocate their residence or business, include for any special difficulties they face. • Reasonable costs: A landowner is entitled to the reimbursement of legal, appraisal, and other costs actually incurred in relation to determining the compensation. “Other costs” may include the cost of a business loss valuator. Q: CAN YOU OFFER ANY ADVICE TO FARMERS OR LANDOWNERS WHO MAY BE FACING EXPROPRIATION? A: If you expect that your land is to be expropriated, it is reasonable to consult a lawyer who practices in expropriation law, even if it is well before the expropriation is expected to happen. With respect to potential business losses, it can be worth reviewing the nature and structure of the business to review the kinds of losses that may be claimed. Also, an owner may be approached by an authority with an offer of purchase in advance of the expropriation process beginning. Expropriation lawyers can assist in evaluating an offer in comparison to what might be available if they were to be expropriated, and, if it is reasonable, potentially drafting an agreement. The early retainer of a lawyer establishes solicitor-client privilege, which creates a presumption that communications are protected from disclosure to the government. This is not the case with any other professional communications. Farmers may be informed about land values in their area. However, in an expropriation, special assumptions are required to estimate market value compensation. For instance, the market value of expropriated land is estimated based on the assumption that the government project never happened. This assumption can require significant research and lead to experienced lawyers and consultants arriving at very different conclusions in estimating the market value compensation. For these reasons, it is worth a farmer’s time to consult with an expropriation lawyer at an early stage to at the very least identify matters that may be an issue. •
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