Mar 24, 2025
Expropriation in Ontario: What Every Landowner Needs to Know About Highway 413 (Before It’s Too Late)
Posted by: Matthew D. Presta
Let’s get real.
If your property is even near the proposed Highway 413 corridor, there’s a good chance you’re already hearing whispers—or getting formal notices—about expropriation.
And if you haven’t yet, that doesn’t mean it’s not coming.
Whether it’s a permanent taking, a temporary easement, or an indirect impact (like loss of access or visibility), one thing is clear:
- You need to be ready.
- You need a plan.
- You need a legal quarterback.
Because the truth is: expropriation is legal in Canada. But so is full compensation—if you know how to claim it, document it, and fight for it.
❓ Is expropriation legal in Canada?
Yes. It’s legal. The Expropriations Act (R.S.O. 1990, c. E.26) gives government bodies the authority to take private land without the owner’s consent—for public purposes.
But don’t get it twisted. Just because they can take your land, doesn’t mean you’re at their mercy.
The law says you’re entitled to fair, full compensation. The catch? It doesn’t just fall into your lap. You need to know how to assert your rights—and when.
💸 What is expropriation compensation in Ontario?
Most landowners think they’re just entitled to the market value of their land. But the reality is broader—much broader.
Depending on the situation, compensation may include:
- Market value of the land taken (s. 14)
- Damages for disturbance (s. 13(2)(b))
- Losses from injurious affection (s. 21)
- Costs to relocate (s. 13(2)(d))
- Lost business opportunity (where proven)
- Legal and appraisal fees (s. 18)
- Interest on outstanding compensation (s. 33)
Here’s the kicker: if you accept the government’s initial offer without strategic review, you may be walking away from tens or even hundreds of thousands of dollars in additional compensation.
⚠️ Common Mistakes Landowners Make
We’ve been doing this since 1993, and we’ve seen it all. Here's where landowners often go wrong:
1. Waiting too long to take action
By the time you receive a Notice of Application to Expropriate, the process is already well underway. There are short windows (like 30 days under s. 6(2)) to object and request a hearing. Silence is costly.
2. Assuming the initial offer is fair
The Expropriations Act requires the authority to offer 100% of their own estimate of value (s. 25). That’s not the same as true fair market value. You need your own valuation team, quarterbacked by experienced counsel.
3. Overlooking injurious affection
Even if your land isn’t taken, nearby construction or access disruption can lower your property value or business income. Claims for injurious affection must be filed within one year (s. 22(1))—miss this and it’s gone.
4. Trying to DIY compensation claims
This isn’t the time for guesswork. A poor filing, weak documentation, or misinterpreting what you're entitled to can permanently limit your recovery.
🛣️ Why Highway 413 Is Different
Highway 413 isn’t just another road.
It’s a multi-billion-dollar mega-project that’s already impacting:
- Agricultural lands
- Development sites
- Residential properties
- Commercial parcels
- Greenbelt-adjacent holdings
If your land is in Vaughan, York, Peel or Halton, you may be facing:
- Full takings of title
- Temporary easements for access or staging
- Environmental restrictions
- Visibility loss or business disruption
And here’s what most people don’t realize:
📌 Once the plan of expropriation is registered (s. 9), the land vests in the authority. You’re no longer the owner.
📌 If you’re a business operator, delay and relocation losses may be compensable—but only with the right proof and legal strategy.
Don’t wait until that notice hits your inbox to get serious.
🧠 What’s the risk of doing nothing?
- You lose the chance to object early (s. 6 deadlines are strict)
- You accept a lowball offer without knowing what you could actually claim
- You miss out on special costs (e.g., moving, relocation, expert fees)
- You forfeit future rights if timelines aren’t met
- You may never fully recover what your land was truly worth
Expropriation isn't just about what's taken—it's about what you're owed.
👊 Why You Need a Legal Quarterback
Let’s put it bluntly: this is not a solo sport.
At Bianchi Presta LLP, we don’t just "handle expropriations". We quarterback the entire strategy.
That includes:
- Coordinating appraisers, planners and valuation experts, where appropriate
- Challenging offers and negotiating enhanced settlements
- Managing hearings, filings and, if necessary, Tribunal appearances
- Protecting your rights from the first notice to final payment
We’ve worked with farmers, developers, business owners, and families across Ontario—from Vaughan to rural Halton to urban Peel—to ensure one thing: they didn’t get steamrolled.
📞 What Should You Do Next?
- Don’t wait for the government to set the terms.
- Don’t accept their first offer without review.
- Don’t leave potential compensation on the table.
✅ Call us to book an appointment.
✅ Let us quarterback your file—start to finish.
✅ If appropriate, get your property independently evaluated by qualified valuation experts.
Your land is your legacy. Let’s protect it.
About Bianchi Presta LLP
Since 1993, Bianchi Presta LLP has represented landowners across Ontario in complex expropriation matters. Based in Vaughan, we serve the entire GTA and beyond, helping clients understand their rights, protect their assets, and recover full compensation under Ontario’s Expropriations Act.
Note: The references to provisions of the Expropriations Act (Ontario) and any related timelines are provided for general informational purposes only and reflect the legislation as it stands on the date of this blog post. They are not intended to be exhaustive or kept current over time. For up-to-date legal information or advice tailored to your specific circumstances, please contact our firm directly.
Disclaimer:
This article is provided for informational purposes only and does not constitute legal advice. The information presented is not intended to create, and receipt of it does not constitute, a lawyer-client relationship. Readers should not act or rely on the content without seeking professional legal advice specific to their circumstances. Bianchi Presta LLP does not guarantee the accuracy, completeness, or currency of the information, and we disclaim any and all liability in respect to actions taken or not taken based on any or all of the contents of this site. For personalized advice, please consult a qualified lawyer.