Find Lawyers in Montréal, Quebec for Expropriation Law
Practice Area Overview
Expropriation law is concerned with the process by which authorities may acquire property without the consent of an owner.
Federal, provincial, and municipal governments, as well as many other prescribed authorities in Canada (such as public utilities, transportation authorities, and school boards) are vested with powers of expropriation and may exercise those powers in furtherance of a public purpose. Federal and provincial statutes set out the rights of owners and the duties imposed upon authorities in the context of expropriation.
The Supreme Court of Canada has described the act of expropriation as "one of the ultimate exercises of governmental authority" as it constitutes a very significant interference with private property rights.
Expropriation lawyers assist authorities and affected owners in navigating the legal processes that are engaged when the public interest necessitates such interference with private property rights. Landowners, tenants, and mortgagees are common respondents to an expropriation.
Legal advice and representation in the context of expropriation frequently entails:
- Advising as to the legal basis for expropriation
- Advising as to the prescribed expropriation procedures to be followed, including delivery of prescribed statutory notices and offers
- Advising as to the potential heads of compensation
- Coordinating such other consultants as may be required, such as real estate appraisers, land use planners, traffic consultants, and business loss valuators, to assist in the determination of compensation
- Engaging in settlement negotiations
- Preparation of interim and/or final settlement agreements
- Conduct of hearings of necessity, negotiations, and compensation hearings
Seasoned litigator Marc Beauchemin is a key player on Montréal’s municipal and legal scene. As Chair of De Grandpré Chait's Board of Directors and Executive Committee, Marc Beauchemin plays a central role within the firm. His legal practice has two foci. In his first area of practice, municipal law, he represents the private interests of his clients, particularly major property owners, in the context of real estate developments throughout Québec. He and his speciali...
Nikolas heads the Real Estate Litigation practice group at the Montréal office. He practises real estate, commercial and contract litigation, including expropriations. He regularly appears before the civil courts and administrative tribunals in Québec and he has pleaded before the Supreme Court of Canada.
Due to chance and circumstances, Christine was one of the few fortunate attorneys to be immersed in Environmental law at the very beginning of her career in 1990. She has stayed on course ever since. After 20 years in prominent Montreal law firms, namely as a partner, she decided in 2009 to found her own firm, dedicated to her areas of practice, in order to offer her clients more proximity and flexibility while maintaining the same high standards of quality she was accustomed to offering in l...
Jonathan M. Fecteau is your ally for all your municipal law needs. Jonathan Fecteau is the head of the Municipal Law team. His practice focuses on expropriation, property assessment and municipal regulations (zoning, subdivision, construction, nuisance, and urban planning). In expropriation and property assessment matters, he exclusively represents individuals and businesses claiming fair compensation for expropriation damages or seeking a fair assessment for the property they own or occupy. ...
Adina Georgescu practises in administrative, municipal, environmental and energy law in Miller Thomson’s Montreal office. Her practice includes public and constitutional law and litigation. In municipal law, she advises and represents landowners, promoters and public bodies, on planning and execution of large-scale real estate ventures, on the operation of companies and the management of properties (including compliance with applicable laws and regulations; municipal litigation; issuanc...
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