Can a purported expropriation be a nullity?
British Columbia, Canada
The following excerpt is from Camp Development Corporation v. Greater Vancouver Transportation Authority, 2010 BCCA 284 (CanLII):
There is no doubt that a purported expropriation can be a nullity. In Costello v. Calgary (City), 1983 CanLII 137 (SCC), [1983] 1 S.C.R. 14, for example, the city failed to provide the required statutory notice of expropriation to the landowner. The notice requirement was held to be essential to the expropriation procedure, and the failure to adhere to it resulted in a nullity. Statutory provisions designed to “cure” defects in the expropriation procedure could not save such an expropriation, because it was void from the outset.
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