Canada

Claiming executive time under the Ontario Expropriations Act

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This article was first published in the Ontario Expropriation Association newsletter in Summer 2018.

Running a business comes with its own set of challenges – juggling staffing needs, meeting customers’ expectations, balancing cash flows, planning for future growth, and so on. Now, add an expropriation into the mix and business owners can find themselves inundated with expropriation-related activities and proceedings, which can divert their attention away from running their business.

From time to time, the Ontario Municipal Board (OMB), the Ontario Superior Court of Justice and the Ontario Court of Appeal have awarded compensation for lost executive time. The premise for compensating a claimant for lost executive time is that the owner is diverting resources away from the business to manage and attend expropriation-related matters. However, as observed in various decisions summarized below, the difference between the compensation claimed and the amount awarded is quite significant.

To assist in understanding the considerations involved in claiming a loss of executive time under the Ontario Expropriations Act, we have provided a summary of noteworthy decisions and highlighted the various factors, which were considered in determining a successful or denied award. Please note that this summary is not a comprehensive list of all relevant case law and/or exhaustive list of the various factors considered in the following decisions.

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