reggiechan74 Form-Specific Checklists
Detailed verification requirements for commonly-used expropriation forms.
Form 2 (Notice of Application for Approval to Expropriate)
Checklist:
1. Statutory authority citation:
- Enabling legislation cited (e.g., "Municipal Act, 2001, S.O. 2001, c.25, s.11")
- Specific section authorizing expropriation identified
- Authority name correct ("City of Toronto" not "Toronto" or "City")
2. Legal description accuracy:
- Matches registered deed or survey
- Includes: Lot, Concession, Plan number, Registry Division
- Consistent with attached plan (if plan attached)
- No typos in property identifiers (e.g., "Lot 10" not "Lot 1O")
3. Purpose statement clarity:
- Public work described in detail ("construction of 4-lane arterial road" not "road project")
- Purpose aligns with statutory authority (e.g., Municipal Act allows road construction)
- Not vague or overly broad
4. Service requirements:
- Served on registered owner(s) - all co-owners if multiple
- Service method complies with s.11 Expropriations Act (personal service or registered mail)
- Proof of service filed (affidavit or registered mail receipt)
- Service date documented (critical for timeline tracking)
5. Dual signing officers (municipal expropriations):
- Two officers signed (e.g., Mayor + Clerk, or CAO + Clerk per municipal by-law)
- Signatures original (not photocopied or stamped)
- Signing officers have authority per municipal by-law
- Date of signing recorded
Example defect:
- Form 2 submitted: Statutory authority cited as "Municipal Act, 2001"
- Defect: Missing section number (should be "Municipal Act, 2001, s.11")
- Risk: Approving authority may reject application for insufficient statutory authority citation
- Correction: Amend Form 2 to add section number, re-serve on owner (resets timeline)
Form 6 (Offer to Purchase / Certificate of Approval on Expropriation Plan)
Checklist:
1. Compensation calculation basis:
- Appraisal attached or available (documented market value determination)
- Appraisal date within 6 months of offer (recent valuation)
- Appraiser credentials documented (AACI designation)
2. Components breakdown:
- Market value stated (s.13 Expropriations Act)
- Disturbance damages itemized (s.18(1)):
- Moving costs
- Legal fees
- Appraisal fees
- Business losses (if applicable)
- Severance damages quantified (s.18(2)(b), if partial taking)
- Injurious affection identified (s.18(2)(a) or (b), if applicable)
- Total compensation calculated correctly (sum of components)
3. Payment timing:
- Payment deadline stated ("within 30 days of acceptance")
- Payment method described (certified cheque, direct deposit, trust account)
- Interest provisions if payment delayed (s.20 Expropriations Act, prime + 2%)
4. Acceptance deadline:
- Reasonable period given (30-60 days typical)
- Deadline date clearly stated ("Accept by June 15, 2025")
- Consequences of non-acceptance explained ("If not accepted, referred to OLT")
Example defect:
- Form 6 submitted: Total compensation $450,000, no breakdown
- Defect: No itemization of market value vs. disturbance vs. severance
- Risk: Owner cannot evaluate offer (what is being compensated?), may challenge as non-compliant with s.14 Expropriations Act
- Correction: Amend Form 6 with breakdown:
- Market value: $400,000 (appraisal attached)
- Disturbance: $25,000 (moving $8K, legal $4K, appraisal $3K, inconvenience $10K)
- Severance: $25,000 (loss of access, remainder parcel shape irregularity)
- Total: $450,000
Form 7 (Notice of Expropriation)
Checklist:
1. Minimum 30-day notice period:
- Possession date ≥30 days from service date (s.11(1) Expropriations Act)
- Calculation accounts for service method (registered mail +5 days delivery)
- No weekends/holidays counted as service date (business days)
2. Compensation offered/paid confirmation:
- States compensation amount offered ("$450,000 as per Form 6 dated May 1, 2025")
- Confirms payment made (if paid before Form 7: "Compensation of $450,000 paid June 1, 2025 by certified cheque #12345")
- Or confirms offer stands ("Offer of $450,000 remains open for acceptance")
3. Possession date clarity:
- Specific date stated ("July 15, 2025" not "30 days from service")
- Possession date aligns with project schedule (authority can actually take possession on that date)
- Possession date after plan registration (cannot possess before plan registered)
Example defect:
- Form 7 submitted: "Possession required on July 1, 2025"
- Service date: June 25, 2025 (registered mail)
- Delivery date: June 30, 2025 (confirmed by tracking)
- Defect: Only 1 day between delivery and possession (s.11 requires 30 days)
- Risk: Possession void, owner can refuse entry, authority must re-serve with corrected date
- Correction: Amend possession date to July 30, 2025 (30 days from June 30 delivery), re-serve Form 7
Common Defects Database
Systematic tracking of frequent errors to prevent recurrence.
Missing Statutory Authority Citations
Defect: Form cites "Municipal Act" without specific section or subsection.
Example:
- Form 1 (Application for Approval): "Authority to expropriate: Municipal Act, 2001"
- Problem: Municipal Act has multiple sections authorizing expropriation for different purposes (s.8 general welfare, s.9 utilities, s.11 infrastructure)
- Correction: "Authority to expropriate: Municipal Act, 2001, S.O. 2001, c.25, s.11 (construction of highways and related works)"
Prevention:
- Template Forms 1-12 with statutory citations pre-filled
- Legal review before first use (verify citations current and accurate)
- Annual review (legislation changes - update citations)
Inconsistent Legal Descriptions
Defect: Legal description in Form 2 differs from legal description in registered plan or Form 7.
Example:
- Form 2: "Lot 5, Plan 123, City of Toronto"
- Registered Plan: "Lot 5, Registered Plan 123, Land Registry Office for Toronto (No. 66)"
- Inconsistency: Missing plan type ("Registered Plan" vs "Plan"), missing LRO number
- Risk: Registry office rejects plan, challenges to validity of expropriation
Correction:
- Obtain legal description from registered deed or current survey
- Use identical wording in all forms
- Have surveyor verify description before plan preparation
Prevention:
- Create legal description template from registered deed (copy-paste, don't retype)
- Cross-check all forms against template before filing
Inadequate Service Proof
Defect: No proof of service filed, or incomplete affidavit.
Example:
- Form 2 served: Affidavit states "Served on John Smith on May 1, 2025"
- Problem: No address, no method of service (personal or registered mail?), no time
- Risk: Owner challenges service as defective, may void expropriation
Complete affidavit should state:
"I, Jane Doe, process server, make oath and say:
- On May 1, 2025 at 10:30 AM, I attended at 123 Main Street, Toronto, Ontario.
- I personally served John Smith by handing him a copy of Form 2 (Notice of Application for Approval to Expropriate) dated April 25, 2025.
- I identified Mr. Smith by asking his name, and he confirmed he is the registered owner of the property.
- Attached as Exhibit 'A' is a copy of the Form 2 served.
- Sworn before me at Toronto this 1st day of May, 2025."
Prevention:
- Use professional process servers (trained in proper service)
- Provide affidavit template to process servers
- Review all affidavits before filing
Incomplete Compensation Breakdowns
Defect: Form 6 states total compensation without itemization.
Example:
- Form 6: "Total compensation: $500,000"
- Problem: Owner cannot determine if disturbance damages included, what is market value vs. severance
- Risk: Owner challenges as non-compliant with s.14 (authority must offer compensation for all heads of entitlement)
Correction:
- Market value (s.13): $420,000 (appraisal by Jane Appraiser, AACI, dated May 1, 2025 - attached)
- Disturbance damages (s.18(1)): $30,000
- Moving costs: $8,000
- Legal fees: $5,000
- Appraisal fees: $4,000
- Inconvenience allowance: $13,000
- Severance damages (s.18(2)(b)): $50,000 (access loss to remainder parcel, quantified in appraisal)
- Total compensation: $500,000
Prevention:
- Require appraisers to itemize all components in appraisal report
- Template Form 6 with component fields (enforce completion)
- Legal review before serving Form 6
Signature Irregularities
Defect: Only one officer signs municipal expropriation form (municipal by-laws typically require two).
Example:
- Form 2 signed: Mayor only (Clerk signature missing)
- By-law requirement: "All expropriation documents shall be signed by the Mayor and the Clerk"
- Risk: Form void, expropriation invalid (not properly authorized)
Correction:
- Obtain second signature (Clerk)
- If original signatory no longer available (e.g., Mayor retired), obtain by-law authorizing single signature or successor signature
Prevention:
- Signature matrix (document which officers must sign which forms)
- Signature checklist before filing forms
- Train staff on by-law requirements