Acts and Regulations

E-14 - Expropriation Act

Full text
Compensation for disturbance – business
45Where a business is located on the land expropriated, disturbance damages include damages
(a) for business loss resulting from the relocation of the business made necessary by the expropriation, and unless the owner and the expropriating authority otherwise agree, the business loss shall not be determined until the business is relocated and has been in operation for nine months, or until a two year period has elapsed, whichever occurs first; or
(b) where the Court is of the opinion that it is not feasible for the owner to relocate his business or a part thereof, for business loss resulting from the cessation of the whole or part of the business made necessary by the expropriation, but compensation shall not be awarded under this clause where the owner of the business is awarded compensation for the land upon which the business was located on the basis of a use other than the existing use to which the land was being put.
1973, c.6, s.45; 1983, c.31, s.27
Disturbance
45Where a business is located on the land expropriated, disturbance damages include damages
(a) for business loss resulting from the relocation of the business made necessary by the expropriation, and unless the owner and the expropriating authority otherwise agree, the business loss shall not be determined until the business is relocated and has been in operation for nine months, or until a two year period has elapsed, whichever occurs first; or
(b) where the Court is of the opinion that it is not feasible for the owner to relocate his business or a part thereof, for business loss resulting from the cessation of the whole or part of the business made necessary by the expropriation, but compensation shall not be awarded under this clause where the owner of the business is awarded compensation for the land upon which the business was located on the basis of a use other than the existing use to which the land was being put.
1973, c.6, s.45; 1983, c.31, s.27