| Case name: |
Canada (Attorney General) v. Stuart |
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| Jurisdiction: |
Canada - Federal |
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| Court: |
Exchequer Court of Canada |
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| Parties: |
Name |
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Appearing as |
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Canada (Attorney General) |
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Plaintiff |
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Royal Trust Company |
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Defendant |
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Stuart, Roland |
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Defendant |
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| Before: |
Decision maker |
Designation |
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Maclean, Alexander Kenneth |
P. |
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| Lawyers: |
Name |
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Appearing for |
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Macdonald, Alex B. |
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Plaintiff |
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Prenter, Reginald V. |
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Plaintiff |
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Cassidy, Robert |
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Defendant |
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Higgins, Frank |
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Defendant |
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| 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. |
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| ExLaw citation: |
[1925] EXLAW 1 |
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| Parallel citations: |
1925 Can LII 710 |
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1925 CarswellNat 27 |
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[1926] Ex. C.R. 91 |
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