Annapolis Group Inc. v. Halifax Regional Municipality, 2022 SCC 36

The Supreme Court of Canada’s decision in Annapolis Group Inc. v. Halifax Regional Municipality, 2022 SCC 36 represents a significant milestone in the law of constructive taking of property by government regulation (commonly referred to as de facto expropriation). The majority of the Supreme Court of Canada clarified the test for constructive taking and crucially, identified that an actual taking of property is not required. The claimant need only show that the effect of the regulatory measure was that the government entity received a benefit from the property.

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