The Land Compensation Board is a quasi-judicial board established by the Expropriation Act. 
Notice of Motion - FAQs
 
Minimize What is a Notice of Motion?
  1. A Notice of Motion is an application for an order, decision or determination of the Board (Expropriation Act Rules of Procedure and Practice, Rule 10).
  2. Although there is no specific legislated form for a Notice of Motion, a Notice of Motion should include:
      a) the related ADC file number (if applicable),
      b) the full names of the applicant(s) and the respondent(s),
      c) the description of the issues to be decided,
      d) the relief requested,
      e) the legal basis for the request including legislative references and any specific case law, 
      f) the proposed deadlines agreed to by the parties for filing evidence and submissions.
Minimize Will there be a hearing?
  1. Prior to filing a Notice of Motion, parties are encouraged to contact the Board to hold a Pre-Hearing Dispute Resolution Conference (DRC). At the DRC, parties may discuss procedure, narrow issues and address any additional items.
  2. If the matter is not resolved at the DRC, a hearing may be scheduled. The hearing may be conducted in person or through written submissions.
Minimize How should I prepare for a hearing?

The most important part of preparing for a hearing is planning the evidence needed to prove all of the facts claimed. Examples of types of evidence that are permitted to be introduced at a hearing include, but are not limited to:

  1. Verbal: witnesses must take an oath or affirmation that their evidence will be the truth. Witnesses can provide details about the property, expropriation, losses, expenses and costs incurred.
  2. Documents: such as cheque stubs or letters, are given to the Panel by a witness and are marked as exhibits at the hearing.
  3. Expert Reports: such as appraisals, business loss and valuation reports, and planning reports. Evidence may be provided through oral testimony, an affidavit, or a written report.

Evidence is provided through witnesses and will be marked as exhibits at the hearing.

What happens at the hearing?

Notice of Motion hearings that do not include oral witnesses usually proceed as follows:

  1. The party bringing the Notice of Motion (Applicant) presents its evidence and arguments,
  2. The party responding (Respondent) asks questions of the Applicant,
  3. The Panel asks questions of the Applicant, 
  4. The Respondent presents its evidence and arguments,
  5. The Applicant asks questions of the Respondent,
  6. The Panel asks questions of the Respondent, 
  7. The Applicant presents its rebuttal evidence and argument, if any
  8. The Respondent and Panel ask questions of the Applicant, if necessary.

When a Notice of Motion hearing includes oral witness testimony, the common procedure is similar to that of a full compensation hearing and can be found here.

How does the Board decide?

The Board will make a decision based on the quality of evidence and argument presented at the hearing. The Board will issue a written order to the parties electronically.

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This website provides general guidance only and is not offered as legal advice. Each case is unique. The details on this website may not apply to every case, or to future decisions of the Board. Please contact the Land Compensation Board office if you have any questions.