Received an Expropriation Notice? You May Have More Options Than You Think

Receiving an Expropriation Notice can raise immediate questions about what it means for your property and what steps you can take. One right that may be available to you is the right to request an inquiry.

Not every taking qualifies for an inquiry. Your options for requesting an inquiry depend on whether the proposed expropriation is non-linear, a distinction that can significantly affect whether an officer is assigned and how the process unfolds. Once an officer is assigned, the expropriating authority has the opportunity to request the officer to refuse the inquiry. Once both parties have had the opportunity to be heard, the officer determines whether the inquiry will proceed, considering a range of factors that can vary in each case.

If an inquiry is held, it offers an opportunity to review how the proposed expropriation will be carried out and to suggest potential alternatives.

Timing is critical in these circumstances as pursuant to s. 10 of the Expropriation Act, RSBC 1996, c. 125, a request for an inquiry must be submitted within 30 days of receiving the Expropriation Notice. Missing this deadline could mean losing the opportunity entirely.

Determining whether your expropriation qualifies as non-linear, and whether an inquiry could be strategically useful, is not always straightforward. What applies in one case may not apply in another, and the distinctions can have significant implications for your rights. Landowners who receive an Expropriation Notice should consult a lawyer with experience in this field to understand their rights and options.

Call Amy Salak at 604.580.7066 to schedule a free, no-obligation meeting with Doug Conolly to discuss your options.

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Two of McQuarrie’s Lawyers Recognized in the Lexpert Canadian Legal Directory

In the milestone 30th anniversary edition of the Canadian Legal Lexpert Directory, Dan Moseley and Greg van Popta have been recognized as two of Canada’s Leading Legal Practitioners in the 2026 Canadian Legal Lexpert Directory. This honour reflects a prestigious, long-standing peer-review process that identifies the country’s top legal professionals.

For three decades, the Canadian Legal Lexpert Directory has conducted an annual survey to spotlight outstanding lawyers and firms across Canada. In this 30th edition, rankings continue to be based on recommendations from law firm leaders and industry peers, recognizing those who exemplify excellence, leadership, and influence in their respective practice areas.

This well-deserved acknowledgement reflects Dan’s and Greg’s dedication, expertise, and exceptional service they provide to our clients every day.

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Understanding the Content of the Right to Vote Under the Canadian Charter

Section 3 of the Canadian Charter of Rights and Freedoms guarantees every Canadian citizen the right to vote in elections for members of the House of Commons and provincial legislative assemblies. However, the “right to vote” encompasses much more than simply casting a ballot. This post explores the broader content and purpose of this fundamental right.

The Supreme Court of Canada has interpreted Section 3 as ensuring that voters are effectively represented in government and able to play a “meaningful role” in the electoral process. Meaningful participation requires more than the mechanical act of voting; it demands that citizens have the opportunity to vote in an informed manner. This means being “reasonably informed of all possible choices,” which in turn requires access to a diversity of viewpoints and information from candidates, political parties, and third parties.

The right to vote under Section 3 also protects a citizen’s ability to cast a ballot “in a manner that accurately reflects his or her preference.” To do so, voters must have access to sufficient information to assess the relative strengths and weaknesses of each party’s platform. The democratic process is only meaningful if there is equilibrium in political discourse, allowing voters to develop informed opinions. When public debate is dominated by a single actor or party, this balance is threatened, potentially infringing on the right to meaningful participation.

For voters to meaningfully participate in the electoral process, they must be able to hear and weigh many points of view. A healthy democracy depends on robust public debate and the free flow of information, ensuring that citizens can make informed choices at the ballot box.

If you believe that a governmental body has infringed upon your Charter rights, please contact Sunny Uppal at suppal@mcquarrie.com.

Prepared by Sunny Uppal

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