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

To help everyone understand their roles in the hearing process, the Chair will outline how the hearing will proceed and what the parties’ responsibilities are. The Board shall choose the time, date and location for which a hearing will take place. Factors taken into consideration may include the location of the land at issue, the available facilities to host the hearing, and should the parties choose to retain legal counsel, the availability of their respective solicitors. A Notice of Hearing will then be mailed to all parties who are considered a part of the proceeding. Appraisal reports and documentary evidence must be furnished to the other party and to the Board 14 days prior to the hearing in accordance with (Rule 9 of the Expropriation Act Rules of Procedure and Practice).

STEP 1: Introduction

  • At the beginning of the hearing, the Panel Chair may introduce the Board Members. The Chair will also ask the parties and their representatives to introduce themselves. The Chair will then outline how the hearing will take place and the parties' responsibilities. The Chair will explain the role of the Board, the purpose of the hearing and declare the Panel’s right to ask questions at any point during the proceedings.

STEP 2: Opening Statements

  • The Claimant may make an opening statement, briefly outlining their case and main issues.

STEP 3: Claimant’s Presentation

  • The Claimant may be the first to present their evidence and testimony. The Claimant will have the opportunity to outline their position in more detail and call any witnesses they may have (including the Claimant themselves).

STEP 4: Questioning of the Claimant’s Witnesses

  • The Claimant will call their first witness and will have the first opportunity to ask them questions. The witness will be asked by a Board Member to swear an oath before questioning begins.
  • The Respondent will then have the opportunity to question the witness (otherwise known as cross-examination).
  • The Claimant will then have an opportunity for rebuttal. This means they will be given the chance to ask the witness any questions that relate to information that arose out of the Respondent’s questions.
  • The Panel will then have the opportunity to ask any questions they may have of the witness. The witness will then be excused.
  • This process will be repeated for each of the Claimant’s witnesses.

STEP 5: Respondent’s Presentation

  • The Respondent will be given the chance to outline their position in more detail and call any witnesses they may have (including the Respondent themselves) to give testimony.

STEP 6: Questioning of the Respondent’s Witnesses

  • The Respondent will call their first witness and will have the first opportunity to ask them questions. The witness will be asked by a Board Member to swear an oath before questioning begins.
  • The Claimant will then have the opportunity to question the witness (otherwise known as cross-examination).
  • The Respondent will then have an opportunity for rebuttal. This means they will be given the chance to ask the witness any questions that relate to information that arose out of the Claimant’s questions.
  • The Board will then have the opportunity to ask any questions they may have of the witness. The witness will then be excused.
  • This process will be repeated for each of the Respondent’s witnesses.

STEP 7: Summation and final arguments by the Claimant

  • The Claimant will be given the opportunity to sum up their position and to give an oral argument.

STEP 8: Summation and final arguments by the Respondent

  • The Respondent will be given the opportunity to sum up their position and to give an oral argument.

STEP 9: Application for costs

  • The parties may request leave from the Board at the hearing to have costs and interest determined by the Board, pursuant to section 39 of the Expropriation Act, at a separate costs hearing. 

STEP 10: After the Hearing

  • After the hearing, the Board's written order, with reasons, will be mailed to all 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.