Al Burton comments on $500-million Metrolinx expropriation dispute in The Trillium

Thomson Rogers expropriation lawyer Al Burton was quoted in The Trillium, in an article written by Jack Hauen, commenting on one of the largest and most unusual expropriation claims in recent Ontario history: a $500-million dispute between Metrolinx and Craft Kingsmen Rail (East) Corp., a company whose directors include a close friend of Premier Doug Ford.

A claim unlike most others

Burton, who has extensive experience in expropriation law, noted the sheer scale of the demand, saying that while he has seen larger claims in his career, this one is nonetheless “up there.” He also flagged something he had never encountered before: an expropriation dispute over air rights alone, with no land rights attached.

“There may be other cases out there that I’m just not aware of, but I’ve never seen it in practice,” he said.

Why did Metrolinx settle?

Burton offered perspective on why Metrolinx may have chosen to resolve the matter rather than see it through the Ontario Land Tribunal. He explained that as cases progress and more evidence comes to light, parties often reassess their positions.

“Somewhere along the line, somebody—whether it was Metrolinx or whether it was the applicant…has come to a realization that the case was not worth fighting about, for whatever reason,” he said.

Read the full article in The Trillium.

About Al Burton

Al Burton is a partner at Thomson Rogers whose practice focuses on municipal law, environmental approvals, land use planning and expropriation. He appears before the Ontario Land Tribunal, the Environmental Review Tribunal, the Board of Negotiation and the courts on behalf of municipalities, corporations and private individuals.

Facing an expropriation dispute in Ontario?

Expropriation claims can be complex, high-stakes and difficult to navigate without experienced legal representation. Whether you are a municipality, corporation or private landowner, understanding your rights and the true value of what is being taken is critical. Thomson Rogers’s expropriation lawyers act for clients before the Ontario Land Tribunal, the Board of Negotiation and the courts, helping them pursue fair compensation and protect their interests at every stage of the process.

Learn more about Thomson Rogers’s expropriation practice.