Case name: |
Jalbert v. Canada (Attorney General) |
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Jurisdiction: |
Canada - Federal |
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Court: |
Supreme Court of Canada |
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Parties: |
Name |
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Appearing as |
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Jalbert, Henri |
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Appellant |
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Quebec (Attorney General) |
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Appellant |
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Canada (Attorney General) |
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Respondent |
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Before: |
Decision maker |
Designation |
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Crocket, Oswald Smith |
J. |
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Davis, Henry Hague |
J. |
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Duff, Lyman Poore |
C.J.C. |
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Kerwin, Patrick |
J. |
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Rinfret, Thibaudeau |
J. |
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Lawyers: |
Name |
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Appearing for |
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Devlin, B. |
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Appellant |
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Gagne, Jules-Arthur |
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Appellant |
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Beaulieu, M.L. |
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Respondent |
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Pouliot, L.A. |
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Respondent |
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Decision: |
Continuation of an appeal hearing from a decision of the Exchequer Court dismissing the Appellant Jalbert's action for damages. Jalbert had sought damages for the wrongful use of his property located at Chicoutimi. In an earlier proceeding the court held that the subject property was not owned by Canada and the appeal was allowed. On the continuation of the appeal hearing the court considered the appropriate measure of damages. It was held that damages should be awarded as if Canada had expropriated the subject property. A new trial was ordered. |
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ExLaw citation: |
[1937] EXLAW 1 |
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Parallel citations: |
1937 Can LII 60 |
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(1937) 46 Can.Ry.Cas. 308 |
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[1937] 2 D.L.R. 291 |
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[1937] S.C.J. No. 1 |
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[1937] S.C.R. 51 |
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