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[Back] DECISION DIGEST  
Record no. 2010
Case name: Jalbert v. Canada (Attorney General)
Date: 1937-02-02
Jurisdiction: Canada - Federal
Court: Supreme Court of Canada
Release registry: [Subscribers only]
Court file: [Subscribers only]
Order no.: [Subscribers only]
Parties: Name   Appearing as
  Jalbert, Henri   Appellant
  Quebec (Attorney General)   Appellant
  Canada (Attorney General)   Respondent
Before: Decision maker Designation
Crocket, Oswald Smith J.
  Davis, Henry Hague J.
  Duff, Lyman Poore C.J.C.
  Kerwin, Patrick J.
  Rinfret, Thibaudeau J.
Lawyers: Name   Appearing for
  Devlin, B.   Appellant
  Gagne, Jules-Arthur   Appellant
  Beaulieu, M.L.   Respondent
  Pouliot, L.A.   Respondent
Experts:  
Taking type: [Subscribers only]
Valuation date: [Subscribers only]
Case elements: [Subscribers only]
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.
Comment: [Subscribers only]
Statute references: [Subscribers only]
Case references: [Subscribers only]
Related decisions:      
  Earlier
  [1935] EXLAW 1 Ex. Ct 1935-06-12
  [1936] EXLAW 1 S.C.C. 1936-05-27
  Later
  [1938] EXLAW 1 U.K. J.C.P.C. 1938-01-17
Neutral citation: N/A
ExLaw citation: [1937] EXLAW 1
Parallel citations: 1937 Can LII 60
  (1937) 46 Can.Ry.Cas. 308
  [1937] 2 D.L.R. 291
  [1937] S.C.J. No. 1
  [1937] S.C.R. 51
Reasons: [Subscribers only]
Digests contain original content produced by ExLaw and copyright in this content is held by Dicta Legal Services Ltd. (dba Expropriation Law Centre). Reasons for decision are the text of original decisions released by the court or tribunal and edited for accuracy where required. No copyright is claimed for these materials.
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