| Case name: |
Canada (Attorney General) v. Stuart |
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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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Stuart, Roland |
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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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Anglin, Francis Alexander |
C.J.C. |
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Duff, Lyman Poore |
J. |
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Mignault, Pierre-Basile |
J. |
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Rinfret, Thibaudeau |
J. |
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| Lawyers: |
Name |
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Appearing for |
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Cassidy, Robert |
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Appellant |
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Geoffrion |
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Respondent |
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Macdonald, Alex B. |
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Respondent |
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| Decision: |
Appeal by a property owner from a decision of the Exchequer Court awarding compensation for expropriation of five parcels of land pursuant to the Expropriation Act, R.S.C. 1906, c. 143. The subject property was located near Radium Hot Springs and it was acquired by Canada for national park purposes. At the date of expropriation the subject property was encumbered by mortgages. The lower court awarded $24,200 in compensation but did not allocate the compensation award as between the separate parcels. On appeal the award was not disturbed but the appeal was allowed in respect of the statutory requirement to allocate the award. The Exchequer Court was directed to reconsider this aspect of the award. No costs of the appeal were awarded. |
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| ExLaw citation: |
[1926] EXLAW 2 |
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| Parallel citations: |
[1926] 2 D.L.R. 260 |
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[1926] Ex. C.R. 101n |
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[1926] S.C.J. No. 9 |
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[1926] S.C.R. 284 |
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