Expropriation - Constructive. Annapolis Group Inc. v. Halifax Regional Municipality
In Annapolis Group Inc. v. Halifax Regional Municipality (SCC, 2022) the Supreme Court of Canada - in the context of a developer's appeal of a summary judgment dismissal - reviews the law of 'constructive' or common law expropriation (aka 'takings'), that is expropriation outside of an express statutory scheme for that purpose (ie. no Expropriation Act) and without a formal taking of real estate title. In these quotes the court considers the test for when such constructive expropriation occurs, which - when satisfied - may give rise to a common law right of compensation [paras 17-57].