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Record no. 1534
Case name: Canada (Attorney General) v. Stuart
Date: 1926-02-05
Jurisdiction: Canada - Federal
Court: Supreme Court of Canada
Registry: [Subscribers only]
File: [Subscribers only]
Order no.: [Subscribers only]
Parties: Name   Appearing as
  Stuart, Roland   Appellant
  Canada (Attorney General)   Respondent
Before: Decision maker Title
Anglin, Francis Alexander C.J.C.
  Duff, Lyman Poore J.
  Mignault, Pierre-Basile J.
  Rinfret, Thibaudeau J.
Lawyers: Name   Appearing for
  Cassidy, Robert   Appellant
  Geoffrion   Respondent
  Macdonald, Alex B.   Respondent
Taking type/date: [Subscribers only]
Case elements: [Subscribers only]
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.
Comment: [Subscribers only]
Statute references: [Subscribers only]
Case references: [Subscribers only]
Related decisions:      
  [1925] EXLAW 1 Ex. Ct 1925-01-13
Neutral citation:  
ExLaw citation: [1926] EXLAW 2
Parallel citations: [1926] 2 D.L.R. 260
  [1926] Ex. C.R. 101n
  [1926] S.C.J. No. 9
  [1926] S.C.R. 284
Reasons: [Subscribers only]
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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