November 23, 2023
Top 10 Business Decisions of 2022–2023
Peter Griffin, Rebecca Jones, and Scott Rollwagen were featured in Lexpert's Top 10 Business Decisions of 2022-23 for their success in the case Annapolis Group Inc v Halifax Regional Municipality, which represents an important decision that clarified the test for constructive taking. Rebecca Jones was further interviewed.
...
"What that means in the context of these claims is that the facts must be at the centre of the test. The court should focus on the effect of the public authority’s actions on the landowner, the advantages gained by the public authority, and not on form."
“It’s a substance-over-form analysis, which the court has found that lower courts should be advancing in assessing these cases.”