About De Facto Expropriation

De facto expropriation, also known as constructive taking or regulatory taking, refers to a situation where a government body's actions or regulations effectively deprive a property owner of the use and enjoyment of their land, without formally acquiring the property.

Law Firms

1. Borden, Ladner, Gervais (BLG) analysis of Annapolis decision by Supreme Court:
   Significant expansion to the law of “constructive takings”: Annapolis Group Inc v Halifax Regional Municipality
2. Osler analysis of Annapolis decision by Supreme Court:
   Supreme Court of Canada clarifies law on de facto expropriation
3. Lawson Lundell analysis of Annapolis decision by Supreme Court:
   Supreme Court of Canada Expands Scope of Constructive Taking Action
4. McCarthy Tetrault analysis of Annapolis decision by Supreme Court:
   It’s the Effects that Count: Supreme Court of Canada Clarifies the Test for Constructive Taking of Private Property through Government Regulation

1. Canadian Pacific Railway Co. v. Vancouver (City) (2006)
2. Annapolis Group Inc. v. Halifax Regional Municipality (2022)
3. St. John’s (City) v. Lynch (2024)

Shoal Point Energy notes that there is no guarantee that it will be successful in respect of its legal action against His Majesty the King in Right of Newfoundland and Labrador (Newfoundland) and even if successful, there is no guarantee as to the amount of damages that Shoal Point Energy may recover, if any.