| Case name: |
Canada (Attorney General) v. O'Halloran |
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| Jurisdiction: |
Canada - Federal |
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| Court: |
Exchequer Court of Canada |
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| Parties: |
Name |
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Appearing as |
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Canada (Attorney General) |
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Plaintiff |
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O'Halloran, Cornelius Hawkins |
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Defendant |
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| Before: |
Decision maker |
Designation |
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Maclean, Alexander Kenneth |
P. |
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| Lawyers: |
Name |
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Appearing for |
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Cameron, G.A. |
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Plaintiff |
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Crease, Lindley |
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Plaintiff |
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Harvey, R.D. |
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Defendant |
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O'Halloran, C.H. |
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Defendant |
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| Experts: |
Name |
Occupation |
Appearing for |
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Foreman |
Real Estate Agent |
Plaintiff |
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Hall |
Real Estate Agent |
Plaintiff |
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Pemberton |
Real Estate Agent |
Plaintiff |
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Wolfenden |
Real Estate Agent |
Plaintiff |
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Coton |
Real Estate Agent |
Defendant |
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Kalvog |
Real Estate Agent |
Defendant |
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Macpherson |
Real Estate Agent |
Defendant |
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Punnett |
Real Estate Agent |
Defendant |
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| Decision: |
Application for determination of compensation following expropriation of a leasehold interest from the Defendant pursuant to the Expropriation Act, R.S.C. 1927, c. 64. The subject property was an island in the Gulf of Georgia which was required for purposes of a penitentiary. The court awarded $7,000 as market value for the 5-year lease term. A claim for injurious affection to a nearby island also owned by the Defendant was dismissed. Compensation for the Crown's right to cut and remove timber was reserved for future determination. Costs were also awarded to the Defendant. |
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| Related decisions: |
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Earlier |
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Later |
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| ExLaw citation: |
[1934] EXLAW 1 |
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| Parallel citations: |
1934 Can LII 535 |
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1934 CarswellNat 9 |
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[1934] Ex. C.R. 67 |
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