December 6, 2019 – Shane Rayman and Conner Harris Successfully Obtain Reimbursement of Owner’s Costs in Expropriation Proceeding Before the Local Planning Appeal Tribunal
Shane Rayman and Conner Harris successfully obtained reimbursement of a land owner’s legal, appraisal and other professional costs arising from an expropriation proceeding after a two-day contested costs hearing before the Local Planning Appeal Tribunal. The Expropriations Act requires that owners who experience an expropriation are to be made economically whole for the process of obtaining fair compensation arising from an expropriation. Important to this is reasonable recovery for legal and expert fees incurred during the process for determining compensation. The expropriating authority in this case challenged the legal fees claimed by the owners, saying that both the amount of time expended on the process and the hourly rates charged were excessive. LPAT determined that the hourly rates charged were reasonable and proportionate to Shane’s “specialist knowledge and considerable experience in expropriations law.” It recognized his breadth of experience representing clients in complex expropriations matters, his contributions to the literature and his leadership within the Ontario Expropriation Association, as well as the responsibilities involved in being a founding partner at Rayman Beitchman LLP. The Tribunal also accepted the owner’s position that the fees are subject to compensable interest from the date the settlement was reached. The full decision, Hume v Ontario (Transportation), 2019 CanLII 117324 (ON LPAT), can be found here:
September 30, 2019 – Dawes v Gill: Lessons from a Hard Fought Neighbour Dispute
After an 8-day trial, Justice J.E. Ferguson released her reasons in Dawes v Gill, 2019 ONSC 5649 in which she dismissed all claims in a contentious neighbour dispute. Conner Harris and Sarah Spitz represented the successful defendants.
The Plaintiff sued his next-door neighbours, alleging that their home renovations had caused flooding in his basement. Suing in nuisance and negligence, the Plaintiff sought damages for the flooding and an injunction to stop the Defendants from allegedly directing more water onto his property. Liability in both causes of action ultimately turned on the question of causation. After an extensive review of the law of nuisance and negligence, Justice Ferguson applied the “but for” test in her causation analysis for both torts. She found that the Defendants acted reasonably in carrying out their home renovations. After weighing both parties experts’ opinions, Ferguson, J. held that the cause of the water infiltration in the Plaintiff’s basement was his own backyard renovation, not the Defendants’ construction. The Plaintiff had removed the impervious surfaces next to the foundation of his house where the flooding occurred and lowered the “drainage plane” in his backyard, affecting the flow of water as between the two properties. The claim in negligence also failed on the issue of whether or not the Defendants acted in accordance with the appropriate standard of care, with the Court holding that they did. Justice Ferguson went on to find that even if the Plaintiff had established that the Defendants caused his damages, they would be reduced by 50% because of his own contributory negligence.
The Plaintiff’s claims in nuisance and negligence were dismissed, as was request for an injunction. The case notably applies a “modern” approach to the law of nuisance following the Supreme Court of Canada’s decision in Antrim Truck Centre Ltd v Ontario (Transportation) and considers the utility of the defendant’s conduct in all the circumstances. It also clarifies and distinguishes the application of traditional nuisance cases respecting the flow of water and riparian rights. The full decision can be found here:
Shane Rayman guest lectures to Specialists on Eminent Domain and Property Rights at William and Mary University.
Shane Rayman has been appointed to the Advisory Board of the Brigham-Kanner Property Rights Conference https://law.wm.edu/academics/intellectuallife/conferencesandlectures/propertyrights/index.php
Shane Rayman and Conner Harris successfully defend a claim for injurious affection where no land is taken, resulting in the dismissal of the entire claim and the award of costs in favour of the Respondent in Davoodian v. Dufferin Wind Power
Shane Rayman’s attempts to prevent an expropriation and save Ms. Lorrie Harcourt’s historic home in Caledonia are reported in the Hamilton Spectator https://www.thespec.com/news-story/9439525-province-wants-to-expropriate-caledonia-s-historic-toll-house-to-make-way-for-new-argyle-street-bridge/ and the Haldimand Press https://haldimandpress.com/caledonia-resident-at-risk-of-losing-home-as-bridge-reconstruction-commences/.
Shane Rayman will be the keynote speaker presenting on the topic, “Avoiding Litigation in Eminent Domain: Ethical Considerations to Encourage Amicable Resolutions” at this year’s CLE International Eminent Domain Conference in Irvington, Virginia on May 2 and 3, 2019: read more
Shane Rayman is quoted in an article in the Hamilton Spectator about the Light Rail Transit project in Hamilton: https://www.thespec.com/news-story/9264217-hamilton-s-lrt-is-back-on-track-so-what-happens-next-/
Rayman Beitchman LLP is pleased to welcome Conner Harris to the firm’s partnership.
Conner’s practice is focused on civil litigation and expropriations law with a focus on real property disputes, expropriation claims, administrative law matters and environmental disputes. He appears frequently before all levels of Court in the Province of Ontario and before various administrative tribunals, including the Local Planning Appeal Tribunal.
Shane Rayman is attending William and Mary Law School in Williamsburg, Virginia to lecture on Canadian Expropriations Law at a specialized course, “Property Rights and Eminent Domain: Law and Theory”, Chaired by Robert Thomas.
Shane Rayman and Adam Scherer and are lecturing to the British Columbia Expropriation Association at their annual conference on the topic of taxation and expropriation in Canada.
Rayman Beitchman LLP is pleased to welcome Sarah Spitz as an associate practising in expropriations law and civil litigation.
Prior to joining Rayman Beitchman in 2018, Sarah articled at another leading civil litigation firm in Toronto.
Sarah earned her JD from Queen’s University in 2017, graduating on the Dean’s List. While in law school, Sarah earned prizes for her work in health law and trial advocacy and was selected to represent her school in the Walsh Negotiation Competition. Outside of the classroom, Sarah worked with local Kingston seniors at the Queen’s Elder Law Clinic, assisting with end of life planning and estates matters. She was also a senior editor on the Queen’s Law Journal and acted as a research assistant, working with prominent academics on papers and books focusing on health, human rights, family law and constitutional law. Prior to law school, Sarah earned her Bachelor of Journalism at Carleton University. Her writing has appeared in the National Post, the Canadian Medical Association Journal and the Ottawa Citizen.
August 6, 2018 – Jason Beitchman Interviewed for CBC National Radio and Print
Jason Beitchman was asked by national CBC radio and print media to comment on incoming regulatory changes that will affect cryptocurrencies, including bitcoin. As a lawyer specialized in bitcoin, cryptocurrency, blockchain and AML compliance, Jason provided insight into how recent proposed amendments to regulations will impact digital currency and blockchain businesses, including bitcoin. You can read the full CBC article here.
July 18, 2018 – Jason Beitchman Panelist in at Crypto Compliance Event
Jason Beitchman was recently invited to speak at a crypto-compliance and AML talk hosted by BlockGeeks. The standing-room-only event focused on upcoming draft amendments to the Proceeds of Crime (Money Laundering) and Terrorist Financing Act that will regulate digital currency in Canada, including bitcoin. Jason was joined on the panel by other blockchain and digital currency compliance experts from Coinsquare and Bitfinex, among others.
June 13, 2018 – Jason Beitchman quoted in Bitcoin Magazine on Regulatory Changes
Jason Beitchman was recently quoted in Bitcoin Magazine commenting on proposed amendments to the Proceeds of Crime (Money Laundering) and Terrorist Financing Act that will impact digital currency and blockchain businesses, including bitcoin. He was quoted as saying that the impact of the regulations will be “massive” and are going to play a significant role in allowing some market participants to rise to the top as compared to others who may struggle with compliance issues.
To read more about Jason’s comments on how regulation will affect bitcoin and other digital currencies using the blockchain, you can read the full article here. Read More
May 23, 2018 – Shane Rayman and Conner Harris successful in Appeal to Ontario Court of Appeal
Shane Rayman and Conner Harris successfully appeared on behalf of the Appellant and in Har Jo Management Services Canada Limited v. York (Regional Municipality), 2018 ONCA 469. They successfully appealed the decision of a judge of the Ontario Superior Court of Justice which had dismissed an action commenced by Rayman Beitchman’s client on the basis of the expiration of a limitation period. The Court of Appeal agreed with the Appellant that the motion’s judge had erred in both fact and low in determining when the applicable limitation period had commenced and when it had expired. The appeal raised issues concerning the commencement and application of limitation periods for civil claims with respect to public infrastructure works where it is unclear whether the damage relates to the expropriation and associated works, or other factors related to the public infrastructure project. As a result of Rayman Beitchman’s success the appeal was allowed and the Appellant’s action restored, with the Court of Appeal holding that the motion for summary judgment should be dismissed and the action allowed to proceed toward trial. Rayman Beitchman’s client was awarded its costs of both the appeal and the motion Read More.
May 11, 2018 – Jason Beitchman and Conner Harris successfully obtain $3.4 million dollar Judgment on behalf of commercial lender
Jason Beitchman and Conner Harris successfully obtained a $3.4 million dollar Judgment from the Ontario Superior Court on behalf of their client. Rayman Beitchman’s client, a commercial lender, is pursuing repayment of a substantial loan after the debtor defaulted and subsequently breached a forebearance agreement and promissory note. The Court’s Judgment confirms the loan agreement and the amounts owing to the lender, and secures their ability to collect on the debt through enforcement of the Judgment.
April 25, 2018 – Shane Rayman and Conner Harris successful in Appeal to Divisional Court
Shane Rayman and Conner Harris successfully appealed a decision of the Surveyor General to the Divisional Court in Duarte v. Ontario; Carson v. Ontario, 2018 ONSC 2612. Rayman Beitchman represented a group of property owners whose properties front on Georgian Bay in Tiny Township in an application before the Surveyor General by the Township to have a municipal survey approved. The Township was successful in that application.
As a result of the decision of the Surveyor General, Rayman Beitchman’s clients would have seen their waterfront access cut off due to the imposition of a new municipal road allowance along the beach at the front of the properties. The Divisional Court agreed with the Appellants that the Surveyor General’s decision was inconsistent with the provisions of the Surveys Act and would unfairly deprive the Appellants of waterfront ownership when their property had always been treated as waterfront properties. The appeal raised complex issues of administrative law, estoppel, riparian rights and statutory interpretation. The Divisional Court remitted the matter to the Surveyor General for redetermination in accordance with its decision. The decision can be found here Read More.
Shane Rayman was featured as a guest on a podcast on Eminent Domain hosted by Clint Schumacher of Locke Lord LLP. Shane discussed expropriations law in Canada to an audience in the United States.
Shane Rayman will be presenting at the CLE International Eminent Domain Conference in Little Rock, Arkansas on the topic of Ethical Issues in Eminent Domain.
Shane Rayman quoted by the Waterloo Chronicle in article, Region of Waterloo yet to receive formal claims for LRT construction woes.
Shane Rayman and Conner Harr Local Planning Appeal Tribunal on behalf of the Claimants in William R. Hume, Marlene Hume and Gord Hume Inc. v. the Ministry of Transportation.
The motion sought an order from the Board directing it to fix the reasonable costs incurred by the Claimants in pursuing their claim for compensation arising from an expropriation by the Ministry of Transportation, rather than referring those costs to an Assessment before the Superior Court of Justice. The claim was settled in September 2015, but the parties did not agree as to costs. The Ministry of Transportation sought to have the matter referred to an Assessment Officer of the Superior Court. The Board has discretion pursuant to Section 32 of the Expropriations Act to fix the costs of a claim for compensation, or to refer the matter to an Assessment. This is the first instance in which the Board dealt with a dispute over whether costs should be fixed by the Board or referred to an Assessment following a settlement, and provides important guidance on the Board’s exercise of discretion pursuant to section 32 of the Expropriations Act. The Board determined that the matters at issue in the proceeding, for which a number of expert witnesses were retained, are matters in which it has an extensive expertise and which do not routinely come before the Superior Court in the course of litigation in that forum. The Board found that it should exercise its discretion to fix costs, and that there were no exceptional circumstances justifying the reference of costs to an Assessment Officer. The Board emphasized that it should consider the most simple, effective and expeditious manner of resolving a dispute over costs when determining whether or not to exercise its discretion to fix the costs of a proceeding before it. The Claimants were successful in having the Board exercise its discretion to fix the costs of the Claimants and a hearing date was set for that purpose.
Shane Rayman interviewed by CTV Kitchener’s Abigail Bimman over the impacts the Waterloo LRT is having on businesses along King Street and the potential liability of the Region of Waterloo for damages.
Shane Rayman quoted by CBC News Kitchener-Waterloo in article, Local businesses prepare for legal action over LRT construction.
American eminent domain attorney Robert Thomas, in his blog Inverse Condemnation, refers to Shane Rayman’s presentation on the Divisional Court’s Decision in Willie’s Car & Van Wash Ltd. v The Corporation of the County of Simcoe at the ALI-CLE Eminent Domain and Land Valuation Litigation Conference in San Diego, California.
On November 30, 2016, the Local Planning Appeal Tribunal released a decision in Paciorka Leaseholds Limited et al. v. The City of Windsor, in which it ordered the City of Windsor to answer all of the 120 questions and document requests it had refused on examination for discovery. Jason Beitchman and Conner Harris represented the Paciorka Claimants on the motion, and Stephen Waque represented the City of Windsor. A copy of the decision is available here.
Shane Rayman and Conner Harris present on “Expropriating for Third Parties and the Disposition of Expropriated Lands” at Fall Conference of Ontario Expropriation Association.
Shane Rayman presents on the topic of, “Injurious Affection and the Canadian Approach to Damages for Partial Takings” at a National Eminent Domain Conference in Las Vegas, Nevada.
Shane Rayman quoted in Hamilton Spectator article, “Metrolinx tapping property owners if their land is needed for LRT”, providing overview of expropriation process and advice to owners.
Rayman Beitchman’s success in Down v. Ministry of Transportation featured in inversecondemnation.com, the leading U.S. Blog on emenient domain law – “Lowball Watch: That’s A Lot of Bucks, Even if They’re Canadian Dollars”
Shane Rayman interviewed on expropriation and the rights of property owners on CBC news.
Jason Beitchman is co-Chairing an Ontario Bar Association program on May 9, 2016 titled Innovation in Litigation: Responding to Changes in the Legal Industry. This program will bring together lawyers in private practice, in-house counsel, academics and judges to address topics including:
- Trends and thought-leaders
- Technology, litigation and the law
- Alternative business models for your practice
- Electronic practice management
- Client perspectives
- Electronic innovation in the courtroom
For more information and to read the program agenda, visit the OBA website here:
Shane Rayman is presenting on the topic of municipal powers to expropriate on May 4, 2016 at the Law Society of Ontario’s Six-Minute Municipal Lawyer 2016. This seminar, composed of leading municipal lawyers in private practice, in house lawyers from municipalities and members of the Local Planning Appeal Tribunal is intended to update practitioners on current issues in municipal law. Shane’s presentation on municipal powers to expropriate will provide an overview of the jurisdiction to expropriate, the scope of municipal purposes and the ability of municipalities to acquire land or expropriate for private interests.
For additional information on the upcoming program, please visit the program agenda at: https://ecom.lsuc.on.ca/cpd/product.jsp?id=CLE16-0050301
To view the paper prepared by Shane Rayman and Conner Harris for this presentation, please see:
Conner Harris recently appeared before the Local Planning Appeal Tribunal on behalf of the successful Claimants in Nikolakakos v York (Regional Municipality), 2016 CanLII 1685 (ON OMB). The Claimants brought a motion to compel the disclosure of appraisal reports and agreements as to compensation for neighbouring properties that had also experienced expropriations by the Region. The Board endorsed a broad reading of the requirement of “relevance” when considering productions in expropriations proceeding. It confirmed that concerns about pre-or-post-expropriation settlements on neighbouring or related properties can be addressed in the weight accorded to them by the member hearing the claim for compensation. The concerns do not preclude disclosure. The Board granted the Claimants’ motion and ordered the disclosure of the requested documents.
Shane Rayman quoted in Globe and Mail article: Leslie Street home owners hit with liens by subcontractor on TTC project
Shane Rayman and Jason Beitchman announce the creation of Rayman Beitchman LLP on October 1, 2015.
Jason Beitchman invited to speak at CMBSA Fall Conference on FINTRAC Compliance Proceedings and Appeals:
Shane Rayman and Janet Lunau publish the article Navigating the Jungle: Private Nuisance and Renewable Energy Projects in the Journal of Environmental Law and Policy:
Jason Beitchman speaking on Responding to FINTRAC Findings of Non-Compliance at the Money Laundering in Canada 2015 Conference. A copy of the conference agenda is available here:
Jason Beitchman successful in having $1.75 professional negligence claim dismissed for delay. A copy of the decision is available here:
The Local Planning Appeal Tribunal issues decision on a motion successfully argued by Shane Rayman on the issue of the production of confidential documents by government in expropriation claims:
Shane Rayman successfully defends a claim for injurious affection where no land is taken following a full hearing before the Local Planning Appeal Tribunal:
Jason Beitchman publishes articled titled “A FINTRAC Primer: The Compliance Regime”
Shane Rayman is appointed as a Board Member of the Greater Toronto Airport Authority Consultative Committee:
Shane Rayman presents on Renewable Energy Projects and Claims at the Annual Conference of the Ontario Chapter of the International Right of Way Association:
Jason Beitchman successfully resists defendants attempt to consolidate three employment actions and schedules summary judgment motions:
Shane Rayman presents on a penal Expert Evidence at the annual conference of the Ontario Expropriation Association:
The Local Planning Appeal Tribunal issues decision on two motion successfully argued by Shane Rayman on the issue of compelling evidence of third party witnesses and amending a claim for a cause of action for loss of opportunity to complete the sale of a property due to an expropriation:
Shane Rayman in quoted in the Hamilton Spectator in an article where a councillor for the City of Hamilton stated, “So to hell with him. I don’t care”, when asked about why a property owner had his property taken without the City paying the initial offer of compensation:
Jason Beitchman publishes article on Hryniak v. Maudlin, 2014 SCC 7, “Summary Judgment Update: Supreme Court Signals Culture Shift to Greater Access to Justice”, April 2014
The Local Planning Appeal Tribunal issues decision in a motion successfully argued by Shane Rayman on the issue of consolidating claims by related owners:
Shane Rayman presents to the Alberta Expropriation Association on the decision of Antrim Truck Centre v. Ministry of Transportation for Ontario:
Shane Rayman presents on Antrim and its Future Implications at the annual conference of the Ontario Expropriation Association:
The Supreme Court of Canada releases its reasons for decision in Antrim Truck Centre v. Ministry of Transportation for Ontario, where Shane Rayman acted as senior counsel for the Property Owner and obtained a unanimous decision of the Court overturning the decision of the Ontario Court of Appeal:
Shane Rayman is quoted by Globe and Mail following his client’s successful appeal in Antrim Truck Centre v. Ministry of Transportation for Ontario before the Supreme Court of Canada:
Shane Rayman is quoted by Metro News on behalf of his clients seeking compensation from the City of Hamilton:
Shane Rayman is quoted in an interview by CBC Radio on behalf of his clients seeking compensation from the City of Hamilton:
Shane Rayman presents on a panel on Section 25 Offers of Compensation at the annual conference of the Ontario Expropriation Association:
Shane Rayman successfully argues motion brought by the Ministry of Transportation before the Local Planning Appeal Tribunal to strike out his clients’ claim for compensation:
Shane Rayman is quoted by the Globe and Mail in an article on Antrim Truck Centre v. Ministry of Transportation for Ontario before the appeal was heard by the Supreme Court of Canada:
Shane Rayman, President of the Ontario Expropriation Association, hosts the Annual Conference in October 2011:
Shane Rayman presents to the Alberta Expropriation Association on Trends in Avoiding Expropriation:
Shane Rayman is quoted by Globe and Mail in an article about expropriation law in Ontario:
Shane Rayman presents to the British Columbia Expropriation Association on Avoiding Formal Expropriations:
Shane Rayman presents on the Legal Obligations of Expert Witnesses at the annual conference of the Ontario Expropriation Association: