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Record no. 1547
Case name: Canada (Attorney General) v. Stuart
Date: 1925-01-13
Jurisdiction: Canada - Federal
Court: Exchequer Court of Canada
Registry: [Subscribers only]
File: [Subscribers only]
Order no.: [Subscribers only]
Parties: Name   Appearing as
  Canada (Attorney General)   Plaintiff
  Royal Trust Company   Defendant
  Stuart, Roland   Defendant
Before: Decision maker Title
Maclean, Alexander Kenneth P.
Lawyers: Name   Appearing for
  Macdonald, Alex B.   Plaintiff
  Prenter, Reginald V.   Plaintiff
  Cassidy, Robert   Defendant
  Higgins, F.   Defendant
Taking type/date: [Subscribers only]
Case elements: [Subscribers only]
Decision: Action by Canada for determination of compensation payable to the Defendant following expropriation of five parcels of land located in the Columbia River Valley, Kootenay District. The expropriation was carried out pursuant to the Expropriation Act, R.S.C. 1906, c. 143. The lands were taken for national park purposes. Prior to trial Canada paid the sum of $22,000 to a mortgagee of the subject property in return for a discharge of the mortgagee's security interest. At trial Canada proposed that the $22,000 payment should be treated as full compensation. The Defendant alleged that the property had a special value by reason of the presence of hot springs and should be valued at $300,000. The court awarded $22,000 for market value plus a further allowance of 10% or $2,200 for compulsory taking. The court also awarded interest and costs to the Defendant.
Comment: [Subscribers only]
Statute references: [Subscribers only]
Case references: [Subscribers only]
Related decisions:      
  [1926] EXLAW 2 S.C.C. 1926-02-05
Neutral citation:  
ExLaw citation: [1925] EXLAW 1
Parallel citations: [1926] Ex.C.R. 91
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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