| Case name: |
Loiselle v. Canada |
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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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Loiselle, Edgar |
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Suppliant |
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Canada |
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Respondent |
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| Before: |
Decision maker |
Designation |
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Dumoulin, Jacques |
J. |
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| Lawyers: |
Name |
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Appearing for |
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Dorval, Francois |
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Suppliant |
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Yellin, M.S. |
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Suppliant |
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Couture, Luc |
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Respondent |
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Sabourin, Andre |
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Respondent |
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Tasse, Roger |
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Respondent |
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| Decision: |
Application by an owner for an award of compensation for business losses and reduction in value to his property resulting from the construction of the St. Lawrence Seaway. The Suppliant operated an automotive service station from his property which was located adjacent to Highway No. 3 at Melocheville, Quebec. As a result of construction of the St. Lawrence Seaway project, Highway No. 3 was diverted to accommodate a new crossing of the nearby St. Lawrence River and the new Seaway. The existing section of highway was closed 80 feet beyond the Suppliant's property, leaving the property adjacent to a dead-end street which had a reduced traffic volume compared to the traffic volume under the previous highway configuration. No land was taken. It was held that the statute under which the Seaway was authorized imposed a duty on the Respondent to compensate for injurious affection. The claim for business losses was dismissed. However, compensation in the amount of $18,018.32 was awarded for reduction in value to the property. |
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| ExLaw citation: |
[1960] EXLAW 7 |
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| Parallel citations: |
1960 Can LII 754 |
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1960 CarswellNat 332 |
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[1961] Ex. C.R. 31 |
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