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COMPENSATION: COURT FINDINGS

  • Writer: John T
    John T
  • Jul 24, 2025
  • 2 min read

Updated: Aug 4, 2025

YOU HAVE ALLOWED THE EXPROPRIATION OF OUR PROPERTIES

SUPREME COURT: COMPENSATION FOR WATERSHED LOSSES

 

 www.linkedin.com › posts › Canadian lawyer Canadian Lawyer Magazine on LinkedIn: Compensation for land’s ... 

Compensation for land’s expropriation cannot ignore land-use restrictions from watershed zoning: SCC. Newfoundland property owners argued zoning was enacted…

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In 2024, the Court’s decision in City of St. John’s v Lynch, 2024 SCC 17, has now provided guidance on the application of key principles to the determination of compensation in constructive takings and other expropriation cases. canliiconnects.org/en/commentaries/93941 

 

Supreme Court of Canada Clarifies Law of Constructive Takings www.scc-csc.ca › judgments-jugements › cb Supreme Court of Canada | St. John’s (City) v. Lynch 

May 10, 2024 · in 1994, the Lynch property was zoned as watershed (the “watershed zoning”).

Within the watershed zone, the City’s permission is required for any use of the land, and it may only be granted for three discretionary uses: agriculture, forestry and public utility.

 

May 13, 2024 · In a unanimous decision, the Supreme Court of Canada allowed the appeal, finding that compensation for the Lynch family's land must take into account the Watershed zone, which was an independent enactment and not made with a view to expropriation.

 

 www.canadianlawyermag.com › news › general Compensation for land’s expropriation cannot ignore land-use ... 

May 10, 2024 · The assessed value of a Newfoundland family's expropriated property must take into account the land’s watershed zoning that precludes residential development and reduces its value, the Supreme Court of Canada has found. scc-csc.gc.ca › pdf › cbCase in Brief: St. John s (City) v. Lynch 

  

May 27, 2024 · In 2024, the Court’s decision in City of St. John’s v Lynch, 2024 SCC 17, has now provided guidance on the application of key principles to the determination of compensation in constructive takings and other expropriation cases. 

  


 

 
 
 

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