The Land Compensation Board is a quasi-judicial board established by the Expropriation Act. 
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Notice of Motion - Overview of Process

The first step prior to filing a Notice of Motion is to contact the Board to hold a Dispute Resolution Conference (DRC) to discuss the issue with the opposing party. At all times, parties are encouraged to discuss the content and logistics of the Notice of Motion with the opposing party.

The requirements for a Notice of Motion are outlined in Rule 10 of the Expropriation Act Rules of Procedure and Practice. Parties must file a Notice of Motion with the Board that clearly outlines the disputed issues and the remedies the applicant is seeking.

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.

The parties may request, or the Board may direct that a Dispute Resolution Conference (DRC) to be held at any time to determine procedure, narrow issues and address any additional items.  

Notice of Motion hearings are usually held in person, but may be conducted by written submissions.

The Panel conducting a Notice of Motion hearing has discretion on how the hearing will be conducted and may make any direction necessary to ensure the hearing proceeds fairly. Notice of Motion hearings that do not include oral testimony 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 witnesses, the common procedure is similar to that of a full compensation hearing and can be found here.

The Board will issue its decision in the form of a written order to the parties.

 

 
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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.