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E-25 - Act respecting expropriation
Section 129
Disposition versions
129. Where the Superior Court grants the application of the expropriated party contesting the right to expropriate, upon a discontinuance or where the expropriating party acts in bad faith within the context of the expropriation procedure or the proceeding to determine the final indemnity, the Tribunal must, after hearing the parties, order the expropriating party to pay to the divested party, as legal costs, an amount that it considers fair and reasonable to cover the professional fees of the other party’s lawyer or, if the other party is not represented by a lawyer, to compensate the other party for the time spent on the case and the work involved, which must have been incurred for the purpose of determining a provisional indemnity or final indemnity.
In force: 2023-12-29
129. Where the Superior Court grants the application of the expropriated party contesting the right to expropriate, upon a discontinuance or where the expropriating party acts in bad faith within the context of the expropriation procedure or the proceeding to determine the final indemnity, the Tribunal must, after hearing the parties, order the expropriating party to pay to the divested party, as legal costs, an amount that it considers fair and reasonable to cover the professional fees of the other party’s lawyer or, if the other party is not represented by a lawyer, to compensate the other party for the time spent on the case and the work involved, which must have been incurred for the purpose of determining a provisional indemnity or final indemnity.
