Acts and Regulations

E-14 - Expropriation Act

Section 52
Disposition versions

Full text
Costs
52(1)The Court shall award costs on the basis of the following rules, namely:
(a) where the compensation awarded by the Court exceeds the amount offered by the statutory authority, the statutory authority shall pay the legal, appraisal and other costs reasonably incurred by the owner in asserting his claim to compensation, and
(b) where the compensation awarded by the Court does not exceed the amount offered by the statutory authority, the costs shall be in the discretion of the Court on such basis as the Court considers just,
and the Court shall determine what are reasonable costs and shall fix the amount of costs to be paid by or to the statutory authority.
52(2)For the purposes of subsection (1), the Court shall have regard to the most recent offer of settlement of the compensation payable, if any, made by an expropriating authority or a statutory authority not less than ten days before the commencement of the hearing in respect of the notice of arbitration or, where the hearing is adjourned, not less than ten days before the hearing reconvenes.
52(3)Subsection (2) applies
(a) to proceedings in respect of any notice of arbitration outstanding on the commencement of this subsection, where the proceedings have not been settled or there has been no final judgment on the commencement of this subsection, and
(b) to proceedings in respect of any notice of arbitration filed or served after the commencement of this subsection.
1973, c.6, s.52; 1983, c.31, s.30; 1997, c.24, s.1
Costs
52(1)The Court shall award costs on the basis of the following rules, namely:
(a) where the compensation awarded by the Court exceeds the amount offered by the statutory authority, the statutory authority shall pay the legal, appraisal and other costs reasonably incurred by the owner in asserting his claim to compensation, and
(b) where the compensation awarded by the Court does not exceed the amount offered by the statutory authority, the costs shall be in the discretion of the Court on such basis as the Court considers just,
and the Court shall determine what are reasonable costs and shall fix the amount of costs to be paid by or to the statutory authority.
52(2)For the purposes of subsection (1), the Court shall have regard to the most recent offer of settlement of the compensation payable, if any, made by an expropriating authority or a statutory authority not less than ten days before the commencement of the hearing in respect of the notice of arbitration or, where the hearing is adjourned, not less than ten days before the hearing reconvenes.
52(3)Subsection (2) applies
(a) to proceedings in respect of any notice of arbitration outstanding on the commencement of this subsection, where the proceedings have not been settled or there has been no final judgment on the commencement of this subsection, and
(b) to proceedings in respect of any notice of arbitration filed or served after the commencement of this subsection.
1973, c.6, s.52; 1983, c.31, s.30; 1997, c.24, s.1