65: Expropriation Law (Abbey Sinclair) - June 23, 2021

On this week’s episode, we’re speaking about expropriation lawyer Abbey Sinclair about the laws involving development and government takings of private lands.

Topics: Ontario’s Transit-Oriented development framework; changes to the structured negotiation process; and settlement offers versus costs awards.

Full Episode (54:40) Download

⚫ How does the transit-oriented development concept work and what does it mean? (6:45)
⚫ How are the changes to the structured negotiation process impacting the way that lawyers and clients interact? (18:30)
⚫ What kinds of settlement offers ‘count’ when a court is assessing legal costs? (30:00)
⚫ Our Ask-Me-Anything segment, featuring questions submitted by patrons of the Lawyered community (40:44)
? What role does politics play in the expropriations landscape? (41:34)
? What are some non-legal considerations for landowners notified of proposed expropriations? (43:17)
? How has the provincial transit focus impacted the work of expropriation lawyers? (46:00)
? What are some of the exciting aspects of practicing as an expropriation lawyer? (47:49)



1. Ontario’s Transit-Oriented Community Development Framework   (14:29) Download
“Transit-Oriented Communities”, Metrolinx
–  Building Transit Faster Act, 2020
–  Transit-Oriented Communities Act, 2020


2. Changes in the Structured Negotiation Process (14:17) Download
– 
Bill 245, Accelerating Access to Justice Act, 2021


3. Settlement Offers and Costs Awards (13:35) Download

Shergar Development Inc. v. Windsor (City), 2020 ONCA 490

4. Ask-Me-Anything: Expropriation Lawyer (13:57) Download

? What role does politics play in the expropriations landscape?
? What are some non-legal considerations for landowners notified of proposed expropriations?
? How has the provincial transit focus impacted the work of expropriation lawyers?
? What are some of the exciting aspects of practicing as an expropriation lawyer?

About the Guest:  

Abbey Sinclair is an associate in the Municipal Law Practice Group at WeirFoulds. Her practice focuses on expropriation and municipal law. Abbey provides practical and strategic advice to municipalities and other public authorities in the acquisition of privately owned lands. She also represents landowners throughout Ontario in a wide range of expropriation matters. She has appeared before the Ontario Superior Court and Administrative Boards and Tribunals.

Prior to joining WeirFoulds, Abbey practiced at a boutique expropriation law firm. She summered and articled with the Ontario Ministry of the Attorney General in the Legal Services Branch of the Ministries of Energy and Infrastructure. Abbey also worked as a Senior Policy Advisor in the Realty Division of the Ministry of Infrastructure, where she provided advice on complex infrastructure projects, transit initiatives, land use and real estate matters. Abbey frequently writes and presents on property acquisition and expropriation-related topics. She is actively involved in a number of industry and community organizations.

Abbey’s Bio
Abbey’s Email Address

 

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