| Case name: |
Canada (Attorney General) v. Irving Oil Co. Ltd. |
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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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Irving Oil Company Limited |
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Defendant |
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| Before: |
Decision maker |
Designation |
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O'Connor, Charles Gerald |
J. |
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| Lawyers: |
Name |
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Appearing for |
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Hughes, P.J. |
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Plaintiff |
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Keirstead, Reginald de White |
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Plaintiff |
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Inches, Cyrus F. |
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Defendant |
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Porter, H.A. |
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Defendant |
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| Experts: |
Name |
Occupation |
Appearing for |
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Lawton |
Real Estate Agent |
Plaintiff |
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| Decision: |
Application for determination of compensation payable following an expropriation conducted pursuant to the Expropriation Act, R.S.C. 1927, c. 64. Full taking of the Defendant'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 Defendant was unable to relocate following expropriation. The Plaintiff had offered to pay approximately $5,000 in compensation. The Defendant sought approximately $22,000. The court awarded $6,000 for market value of the land. A claim for loss of five years' business profits was dismissed. Interest and costs were also awarded to the Defendants. |
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| ExLaw citation: |
[1945] EXLAW 1 |
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| Parallel citations: |
1945 Can LII 619 |
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1945 CarswellNat 29 |
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[1945] Ex. C.R. 228 |
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