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Record no. 1281
Case name: Canada (Attorney General) v. Young
Date: 1901-12-11
Jurisdiction: Canada - Federal
Court: Exchequer Court of Canada
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File: [Subscribers only]
Order no.: [Subscribers only]
Parties: Name   Appearing as
  Canada (Attorney General)   Plaintiff
  Stuart, Roland   Defendant
  Young, Cecilia Eliza   Defendant
Before: Decision maker Title
Burbidge, George Wheelock J.
Lawyers: Name   Appearing for
  Martin, A.F.R.   Plaintiff
  Helmcken, H.D.   Defendant
  Luxton, A.P.   Defendant
Taking type/date: [Subscribers only]
Case elements: [Subscribers only]
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.
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Statute references: [Subscribers only]
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Related decisions:      
Neutral citation:  
ExLaw citation: [1901] EXLAW 1
Parallel citations: (1901) 7 Ex. C.R. 282
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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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