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  • expropriation accounts for 2 out of 643 casebriefs.

Style of causeRatio

Canadian Pacific Railway Co v Vancouver (City), [2006] 1 SCR 227, 2006 SCC 5

A de facto expropriation requires both an acquisition of a beneficial
interest in a property and removal of all reasonable uses of the property.
** A prohibition on all economic activity does not constitute de facto expropriation.

Mariner Real Estate Ltd v Nova Scotia (Attorney General) (1999), 177 DLR (4th) 696 (NS CA)

2-Step test to determine whether an action by the government constitutes expropriation:
** 1. Is it direct expropriation: is the state forcibly acquiring an interest and becoming the owner?
** 2. Is it de facto expropriation:
*** Is this considered “acquisition (is the state taking a degree of indirect interest such that it has in effect acquired an interest equal to ownership)?
*** Is it a stringent regulation of use of the property? Note that mere loss of economic value on its own is not adequate for an action to constitute expropriation.

Also consider whether there is an applicable expropriation statute, which may override the common law regarding compensation.