De Facto Expropriation

Question 1

Define expropriation

Answer 1

the power of the state to take title to your property (usually land) for public projects (highways, airports, etc)

Question 2

Define de jure expropriation

Answer 2

when expropriation occurs following government procedures and the legal title of the land passes from the citizen to the state

Question 3

Define de facto expropriation

Answer 3

occurs when the state regulates the use of property to such a degree that it has effectively taken the property

it is a presumption of statutory interpretation that de facto expropriation requires compensation

Question 4

Importance of Manitoba Fisheries?

Answer 4

(couldn’t sell fish the way they wanted)
First case were SCC recognized de facto expropriation and awarded compensation held that de facto expropriation required two things:
1) the plaintiff had been deprived of something (goodwill)
2) the property was transferred to the Crown

Question 5

Point of Tener?

Answer 5

(park and mineral rights)
Courts held that the loss of access to the land was a property loss that was acquired by the Crown which leads to compensation being owed to the plaintiff

Question 6

Importance of Mariner?

Answer 6

(beaches act restricting land use)
Outlines that an economic loss is not considered a loss of interest in the land. Something significant must be lost and that something must be acquired by the Crown
e.g., confiscation of reasonable uses, regulation such that ownership rights are taken away

Question 7

Can a loss of economic value be considered de facto expropriation?

Answer 7

No

Question 8

Importance of CPR v Vancouver?

Answer 8

(bylaw about rail corridor)
The bylaw did not remove all reasonable uses of the property, CPR could still operate a railway there, they just didn’t want to anymore.
Confirms the requirements of de facto expropriation up to that point

Question 9

Importance of Annapolis?

Answer 9

SCC interpreted the ‘confer of a benefit’ to the Crown as a ‘benefit or advantage accruing to the state’
Broadened the scope of what constituted a benefit and re-characterized previous cases
Said they weren’t changing the law, but they kind of did

Question 10

What are the two things that need to be established to argue de facto expropriation?

Answer 10

1) a loss of a beneficial interest
2) an accrual of that interest by the Crown - After Annapolis, the interest can be considered simply an ‘advantage’