Peter A Allard School of Law

Constructive Takings at the Supreme Court of Canada: A discussion with Prof. Malcolm Lavoie and Prof. Doug Harris

Description of Event

The Supreme Court of Canada’s judgment in Annapolis Group Inc. v. Halifax Regional Municipality, 2022 SCC 36, is important and controversial. The Court held, by a 5:4 majority, that a municipalities’ zoning laws might amount to a constructive taking of private property giving rise to an owner’s right of compensation. Was this an affirmation of longstanding principle? Or was it, as the Court’s dissenting judges charged, a radical change in municipal planning law that gives “a windfall to developers who speculate at municipal taxpayers’ expense”? 

The Law and Cities Research Group invites you to a pizza lunch presentation on this topic with Professor Malcolm Lavoie of the University of Alberta Faculty of Law and Professor Doug Harris of Allard Law. Professor Lavoie, who was an intervener in the Annapolis case, argues that the majority’s holding affirms common law principles and the rule of law. Professor Harris, by contrast, contends that the Court’s judgment represents “a significant failing” for having misunderstood Canadian expropriation law. Join them and moderator Prof. Sam Beswick on November 21 in the Moot Court Room 106 as they break down and debate the Supreme Court’s modern constructive takings jurisprudence. 

Pizza will be served for the event. Please RSVP by November 17, Friday.

This event was made possible thanks to the financial support of the Peter A. Allard School of Law Research Engagement Fund. 

Prof. Lavoie's Paper Prof. Harris's Paper RSVP

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