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News & Research


Newsletters


 
Date Entered: 08/13/2024
Subject: TDP Newsletter Vol. 02 No. 132 Atlantic
Attachment: 183.pdf (Original file name: Vol2no132 Atlantic.pdf)
Comment:

In this issue…

Shadow Expropriation

Protection of property rights was removed from the draft version of The Canadian Charter of Rights and Freedoms at the instigation of provinces such as Manitoba and Prince Edward Island, concerned that its inclusion would interfere with their policy of restricting ownership and use. So, unlike the United States, we are dependent on our court system to do what it can to fill that gap. The court system is constrained by the fact that the payment of compensation is dependent on enabling legislation and their interpretation of it. Every Canadian property owner is at risk until their property rights are enshrined in the Charter. The Supreme Court of Canada’s decision in “Annapolis Group Inc. v. Halifax Regional Municipality, 2022 SCC 36” is a significant step forward in protecting private property rights in the face of overarching action by a municipal authority allegedly confiscating property rights without the inconvenience of paying for them. The issue before the Supreme Court was whether the motion judge was correct in determining that that Annapolis’ constructive taking claim raised vast genuine issues of material fact requiring a trial, or whether the subsequent Appeal Court decision that there was no triable issue, should stand.


Expropriation

Expropriation, the forcible taking of part of your property by a municipality, province or federal government for a road widening or other public purpose often engenders fear, loathing and despair on the part of the unfortunate property owner. The good news is that you have the protection of a generally fair and knowledgeable court system that should err on your side if you know when and how to seek its protection. The bad news is that your property rights were not included in The Canadian Charter of Rights and Freedoms despite the Federal Government’s valiant efforts, at the time, to include them, so the court system is constrained by enabling legislation and their interpretation of it… and cash strapped provinces, are little by little, eroding your existing rights by amending their Expropriation Acts to limit the computation and payment of compensation.


PAMS Property Portfolio Manager

As the world shifts beneath our feet and information technology changes everything from locating the most cost-effective vacation accommodation to your ride to the airport, we continue to assess how we can assist clients more effectively manage their real estate assets. PAMS® Property Portfolio Manager will protect your property against capital asset erosion through inadequate (or over adequate) fire insurance coverage, down zoning and adverse market value changes.


Freebie Information

We rolled out our new corporate web site www.turnerdrake.com in April this year. Our former site was stuffed with information, much of it useful, so we retained it but made it easier to find (this is what you told us you wanted: we listened).


Mea Culpa!

There are no longer five Real Estate Boards in New Brunswick. A big thank you to Kitty Maurey for putting us straight.


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