Case name: |
Canada (Attorney General) v. Irving Oil Co. Ltd. |
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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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Irving Oil Company Limited |
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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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Estey, James Wilfred |
J. |
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Hudson, Albert Blellock |
J. |
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Kerwin, Patrick |
J. |
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Rand, Ivan Cleveland |
J. |
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Rinfret, Thibaudeau |
C.J.C. |
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Lawyers: |
Name |
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Appearing for |
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Inches, Cyrus F. |
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Appellant |
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Keirstead, Reginald de White |
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Respondent |
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Stein, C. |
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Respondent |
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Experts: |
Name |
Occupation |
Appearing for |
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Lawton |
Real Estate Agent |
Respondent |
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Decision: |
Appeal by the owner from a compensation award made by the Exchequer Court of Canada pursuant to the Expropriation Act, R.S.C. 1927, c. 64. Full taking of the Appellant's land for national defence purposes. The subject property was located in the City of St. John and in use as a gas station at the date of taking. Due to wartime regulations, the Appellant was unable to relocate following expropriation. At trial, the court awarded $6,000. The appeal was allowed and the compensation award increased to $8,697.88. The Court used a cost approach to determine market value. The increased award included an allowance of $500 as disturbance damages for business losses and a separate allowance for compulsory taking based on 10% of the market value of the land. Interest and costs were also awarded to the Appellant. |
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ExLaw citation: |
[1946] EXLAW 1 |
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Parallel citations: |
(1946) 60 C.R.T.C. 309 |
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[1946] 4 D.L.R. 625 |
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[1946] S.C.J. No. 27 |
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[1946] S.C.R. 551 |
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