Form-Specific Checklists

Form-Specific Checklists

Detailed verification requirements for commonly-used expropriation forms.

Form 2 (Notice of Application for Approval to Expropriate)

Checklist:

1. Statutory authority citation:

• [ ] Enabling legislation cited (e.g., "Municipal Act, 2001, S.O. 2001, c.25, s.11")
• [ ] Specific section authorizing expropriation identified
• [ ] Authority name correct ("City of Toronto" not "Toronto" or "City")

2. Legal description accuracy:

• [ ] Matches registered deed or survey
• [ ] Includes: Lot, Concession, Plan number, Registry Division
• [ ] Consistent with attached plan (if plan attached)
• [ ] No typos in property identifiers (e.g., "Lot 10" not "Lot 1O")

3. Purpose statement clarity:

• [ ] Public work described in detail ("construction of 4-lane arterial road" not "road project")
• [ ] Purpose aligns with statutory authority (e.g., Municipal Act allows road construction)
• [ ] Not vague or overly broad

4. Service requirements:

• [ ] Served on registered owner(s) - all co-owners if multiple
• [ ] Service method complies with s.11 Expropriations Act (personal service or registered mail)
• [ ] Proof of service filed (affidavit or registered mail receipt)
• [ ] Service date documented (critical for timeline tracking)

5. Dual signing officers (municipal expropriations):

• [ ] Two officers signed (e.g., Mayor + Clerk, or CAO + Clerk per municipal by-law)
• [ ] Signatures original (not photocopied or stamped)
• [ ] Signing officers have authority per municipal by-law
• [ ] Date of signing recorded

Example defect:

• Form 2 submitted: Statutory authority cited as "Municipal Act, 2001"
• Defect: Missing section number (should be "Municipal Act, 2001, s.11")
• Risk: Approving authority may reject application for insufficient statutory authority citation
• Correction: Amend Form 2 to add section number, re-serve on owner (resets timeline)

Form 6 (Offer to Purchase / Certificate of Approval on Expropriation Plan)

Checklist:

1. Compensation calculation basis:

• [ ] Appraisal attached or available (documented market value determination)
• [ ] Appraisal date within 6 months of offer (recent valuation)
• [ ] Appraiser credentials documented (AACI designation)

2. Components breakdown:

• [ ] Market value stated (s.13 Expropriations Act)
• [ ] Disturbance damages itemized (s.18(1)):
  • [ ] Moving costs
  • [ ] Legal fees
  • [ ] Appraisal fees
  • [ ] Business losses (if applicable)
• [ ] Severance damages quantified (s.18(2)(b), if partial taking)
• [ ] Injurious affection identified (s.18(2)(a) or (b), if applicable)
• [ ] Total compensation calculated correctly (sum of components)

3. Payment timing:

• [ ] Payment deadline stated ("within 30 days of acceptance")
• [ ] Payment method described (certified cheque, direct deposit, trust account)
• [ ] Interest provisions if payment delayed (s.20 Expropriations Act, prime + 2%)

4. Acceptance deadline:

• [ ] Reasonable period given (30-60 days typical)
• [ ] Deadline date clearly stated ("Accept by June 15, 2025")
• [ ] Consequences of non-acceptance explained ("If not accepted, referred to OLT")

Example defect:

• Form 6 submitted: Total compensation $450,000, no breakdown
• Defect: No itemization of market value vs. disturbance vs. severance
• Risk: Owner cannot evaluate offer (what is being compensated?), may challenge as non-compliant with s.14 Expropriations Act
• Correction: Amend Form 6 with breakdown:
  • Market value: $400,000 (appraisal attached)
  • Disturbance: $25,000 (moving $8K, legal $4K, appraisal $3K, inconvenience $10K)
  • Severance: $25,000 (loss of access, remainder parcel shape irregularity)
  • Total: $450,000

Form 7 (Notice of Expropriation)

Checklist:

1. Minimum 30-day notice period:

• [ ] Possession date ≥30 days from service date (s.11(1) Expropriations Act)
• [ ] Calculation accounts for service method (registered mail +5 days delivery)
• [ ] No weekends/holidays counted as service date (business days)

2. Compensation offered/paid confirmation:

• [ ] States compensation amount offered ("$450,000 as per Form 6 dated May 1, 2025")
• [ ] Confirms payment made (if paid before Form 7: "Compensation of $450,000 paid June 1, 2025 by certified cheque #12345")
• [ ] Or confirms offer stands ("Offer of $450,000 remains open for acceptance")

3. Possession date clarity:

• [ ] Specific date stated ("July 15, 2025" not "30 days from service")
• [ ] Possession date aligns with project schedule (authority can actually take possession on that date)
• [ ] Possession date after plan registration (cannot possess before plan registered)

Example defect:

• Form 7 submitted: "Possession required on July 1, 2025"
• Service date: June 25, 2025 (registered mail)
• Delivery date: June 30, 2025 (confirmed by tracking)
• Defect: Only 1 day between delivery and possession (s.11 requires 30 days)
• Risk: Possession void, owner can refuse entry, authority must re-serve with corrected date
• Correction: Amend possession date to July 30, 2025 (30 days from June 30 delivery), re-serve Form 7

Common Defects Database

Systematic tracking of frequent errors to prevent recurrence.

Missing Statutory Authority Citations

Defect: Form cites "Municipal Act" without specific section or subsection.

Example:

• Form 1 (Application for Approval): "Authority to expropriate: Municipal Act, 2001"
• Problem: Municipal Act has multiple sections authorizing expropriation for different purposes (s.8 general welfare, s.9 utilities, s.11 infrastructure)
• Correction: "Authority to expropriate: Municipal Act, 2001, S.O. 2001, c.25, s.11 (construction of highways and related works)"

Prevention:

• Template Forms 1-12 with statutory citations pre-filled
• Legal review before first use (verify citations current and accurate)
• Annual review (legislation changes - update citations)

Inconsistent Legal Descriptions

Defect: Legal description in Form 2 differs from legal description in registered plan or Form 7.

Example:

• Form 2: "Lot 5, Plan 123, City of Toronto"
• Registered Plan: "Lot 5, Registered Plan 123, Land Registry Office for Toronto (No. 66)"
• Inconsistency: Missing plan type ("Registered Plan" vs "Plan"), missing LRO number
• Risk: Registry office rejects plan, challenges to validity of expropriation

Correction:

• Obtain legal description from registered deed or current survey
• Use identical wording in all forms
• Have surveyor verify description before plan preparation

Prevention:

• Create legal description template from registered deed (copy-paste, don't retype)
• Cross-check all forms against template before filing

Inadequate Service Proof

Defect: No proof of service filed, or incomplete affidavit.

Example:

• Form 2 served: Affidavit states "Served on John Smith on May 1, 2025"
• Problem: No address, no method of service (personal or registered mail?), no time
• Risk: Owner challenges service as defective, may void expropriation

Complete affidavit should state:

"I, Jane Doe, process server, make oath and say:

1. On May 1, 2025 at 10:30 AM, I attended at 123 Main Street, Toronto, Ontario.
2. I personally served John Smith by handing him a copy of Form 2 (Notice of Application for Approval to Expropriate) dated April 25, 2025.
3. I identified Mr. Smith by asking his name, and he confirmed he is the registered owner of the property.
4. Attached as Exhibit 'A' is a copy of the Form 2 served.
5. Sworn before me at Toronto this 1st day of May, 2025."

Prevention:

• Use professional process servers (trained in proper service)
• Provide affidavit template to process servers
• Review all affidavits before filing

Incomplete Compensation Breakdowns

Defect: Form 6 states total compensation without itemization.

Example:

• Form 6: "Total compensation: $500,000"
• Problem: Owner cannot determine if disturbance damages included, what is market value vs. severance
• Risk: Owner challenges as non-compliant with s.14 (authority must offer compensation for all heads of entitlement)

Correction:

• Market value (s.13): $420,000 (appraisal by Jane Appraiser, AACI, dated May 1, 2025 - attached)
• Disturbance damages (s.18(1)): $30,000
  • Moving costs: $8,000
  • Legal fees: $5,000
  • Appraisal fees: $4,000
  • Inconvenience allowance: $13,000
• Severance damages (s.18(2)(b)): $50,000 (access loss to remainder parcel, quantified in appraisal)
• Total compensation: $500,000

Prevention:

• Require appraisers to itemize all components in appraisal report
• Template Form 6 with component fields (enforce completion)
• Legal review before serving Form 6

Signature Irregularities

Defect: Only one officer signs municipal expropriation form (municipal by-laws typically require two).

Example:

• Form 2 signed: Mayor only (Clerk signature missing)
• By-law requirement: "All expropriation documents shall be signed by the Mayor and the Clerk"
• Risk: Form void, expropriation invalid (not properly authorized)

Correction:

• Obtain second signature (Clerk)
• If original signatory no longer available (e.g., Mayor retired), obtain by-law authorizing single signature or successor signature

Prevention:

• Signature matrix (document which officers must sign which forms)
• Signature checklist before filing forms
• Train staff on by-law requirements