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Record no. 1587
Case name: Canada (Attorney General) v. O'Halloran
Date: 1934-01-18
Jurisdiction: Canada - Federal
Court: Exchequer Court of Canada
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Order no.: [Subscribers only]
Parties: Name   Appearing as
  Canada (Attorney General)   Plaintiff
  O'Halloran, Cornelius Hawkins   Defendant
Before: Decision maker Title
Maclean, Alexander Kenneth P.
Lawyers: Name   Appearing for
  Cameron, G.A.   Plaintiff
  Crease, Lindley   Plaintiff
  Harvey, R.D.   Defendant
  O'Halloran, C.H.   Defendant
Experts: Name Occupation Appearing for
  Foreman Real Estate Agent Plaintiff
  Hall Real Estate Agent Plaintiff
  Pemberton Real Estate Agent Plaintiff
  Wolfenden Real Estate Agent Plaintiff
  Coton Real Estate Agent Defendant
  Kalvog Real Estate Agent Defendant
  Macpherson Real Estate Agent Defendant
  Punnett Real Estate Agent Defendant
Taking type/date: [Subscribers only]
Case elements: [Subscribers only]
Decision: Application for determination of compensation following expropriation of a leasehold interest from the Defendant pursuant to the Expropriation Act, R.S.C. 1927, c. 64. The subject property was an island in the Gulf of Georgia which was required for purposes of a penitentiary. The court awarded $7,000 as market value for the 5-year lease term. A claim for injurious affection to a nearby island also owned by the Defendant was dismissed. Compensation for the Crown's right to cut and remove timber was reserved for future determination. Costs were also awarded to the Defendant.
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Statute references: [Subscribers only]
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Related decisions:      
Neutral citation:  
ExLaw citation: [1934] EXLAW 1
Parallel citations: [1934] Ex. C.R. 67
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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