| Case name: |
Canada (Attorney General) v. Young |
|
|
|
| Jurisdiction: |
Canada - Federal |
|
| Court: |
Exchequer Court of Canada |
|
|
|
|
|
|
|
| Parties: |
Name |
|
Appearing as |
| |
Canada (Attorney General) |
|
Plaintiff |
| |
Stuart, Roland |
|
Defendant |
| |
Young, Cecilia Eliza |
|
Defendant |
|
| Before: |
Decision maker |
Designation |
|
Burbidge, George Wheelock |
J. |
|
| Lawyers: |
Name |
|
Appearing for |
| |
Martin, A.F.R. |
|
Plaintiff |
| |
Helmcken, H.D. |
|
Defendant |
| |
Luxton, A.P. |
|
Defendant |
|
|
|
|
|
|
|
|
|
| Decision: |
Compensation hearing following an expropriation of land for national defence purposes at Esquimalt, B.C. The Plaintiff expropriating authority expropriated a 6.4 acre portion of a parcel in excess of two hundred acres in size. The parent parcel was subject to a ten year lease with eight years left to run at the date of expropriation. The lease also contained a clause requiring the tenant to construct a house on the portion of the subject that was expropriated. The court awarded aggregate compensation for the interests of the fee simple owner and the lessee at $2,750. The court allocated this sum between the fee simple owner and tenant. The court also apportioned the future rent payable in respect of the portion expropriated. The court held that the expropriation had relieved the tenant from his obligation to construct a house. Costs were awarded to the Defendants. |
|
|
|
|
|
|
|
| Related decisions: |
|
|
|
| |
Earlier |
| |
| |
Later |
| |
|
|
|
| ExLaw citation: |
[1901] EXLAW 1 |
|
| Parallel citations: |
1901 Can LII 191 |
| |
1901 CarswellNat 15 |
| |
(1901) 7 Ex. C.R. 282 |
|
|
|
