Annapolis Group Inc. v. Halifax Regional Municipality, 2022 SCC 36
| Jurisdiction | Federal Jurisdiction (Canada) |
| Judge | Wagner, Richard; Moldaver, Michael J.; Karakatsanis, Andromache; Côté, Suzanne; Brown, Russell; Rowe, Malcolm; Martin, Sheilah; Kasirer, Nicholas; Jamal, Mahmud |
| Citation | 2022 SCC 36 |
| Docket Number | 39594 |
| Court | Supreme Court (Canada) |
| Date | 21 October 2022 |
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28 practice notes
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Court Of Appeal Summaries (April 24, 2023 ' April 28, 2023)
...53 O.R. (3d) 360,Canadian Pacific Railway Co. v. Vancouver (City), 2006 SCC 5,Annapolis Group Inc. v. Halifax Regional Municipality, 2022 SCC 36 Maxwell v. Altberg, 2023 ONCA 305 Keywords:Contracts, Real Property, Mortgages, Civil Procedure, Limitation Periods, Summary Judgment, No Genuine ......
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Foy v. 0933164 B.C. Ltd.,
...property rights: see, for example, the recent Supreme Court of Canada decision in Annapolis Group Inc. v. Halifax Regional Municipality 2022 SCC 36. [117] With respect to relative hardship, Mr Clayton sets out in his affidavit that if an injunction is granted: We will have......
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Examinations 2023 ' The Evolution Of Appellate Law In The Post-Pandemic Era
...AN EDUCATION IN EXPROPRIATION: EXPANDING THE CONSTRUCTIVE EXPROPRIATION TEST IN ANNAPOLIS GROUP INC. V HALIFAX REGIONAL MUNICIPALITY, 2022 SCC 36 Released in late 2022, the SCC clarified the application of the two-part test establishing constructive Annapolis acquired land in Halifax and pl......
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When Does Land Use Regulation By Government Become So Onerous That It Amounts To What Is, In Effect, A Taking Of Land?
...Most recently, on October 21, 2022, a 5-4 majority of the Supreme Court of Canada in Annapolis Group Inc. v Halifax Regional Municipality, 2022 SCC 36 ("Annapolis"), affirmed the two part test to establish a constructive taking set out by the court in Canadian Pacific Railway Co. v Vancouve......
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4 cases
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Foy v. 0933164 B.C. Ltd.,
...property rights: see, for example, the recent Supreme Court of Canada decision in Annapolis Group Inc. v. Halifax Regional Municipality 2022 SCC 36. [117] With respect to relative hardship, Mr Clayton sets out in his affidavit that if an injunction is granted: We will have......
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Entes Industrial Plants Construction & Erection Contracting Company Inc. v Centerra Gold Inc.,
...Co. v. Vancouver (City), 2006 SCC 5, [2006] 1 S.C.R. 227, and recently confirmed in Annapolis Group Inc. v. Halifax Regional Municipality, 2022 SCC 36, 33 M.P.L.R. (6th) 1, at para. 4: … [A] constructive taking occurs where: (1) a beneficial interest — understood as an advanta......
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2023 ONCA 294,
...Co. v. Vancouver (City), 2006 SCC 5, [2006] 1 S.C.R. 227, and recently confirmed in Annapolis Group Inc. v. Halifax Regional Municipality, 2022 SCC 36, 33 M.P.L.R. (6th) 1, at para. 4: … [A] constructive taking occurs where: (1) a beneficial interest — understood as an advanta......
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Chance Oil and Gas Limited v Yukon (Energy, Mines and Resources),
...Chance relies on the recent decision of the Supreme Court of Canada in Annapolis Group Inc. v Halifax Regional Municipality, 2022 SCC 36 (“Annapolis”), to submit that Yukon’s intent, motive, or reasons to impose the Moratorium on hydraulic fracturing, and its understand......
24 firm's commentaries
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Court Of Appeal Summaries (April 24, 2023 ' April 28, 2023)
...53 O.R. (3d) 360,Canadian Pacific Railway Co. v. Vancouver (City), 2006 SCC 5,Annapolis Group Inc. v. Halifax Regional Municipality, 2022 SCC 36 Maxwell v. Altberg, 2023 ONCA 305 Keywords:Contracts, Real Property, Mortgages, Civil Procedure, Limitation Periods, Summary Judgment, No Genuine ......
-
Examinations 2023 ' The Evolution Of Appellate Law In The Post-Pandemic Era
...AN EDUCATION IN EXPROPRIATION: EXPANDING THE CONSTRUCTIVE EXPROPRIATION TEST IN ANNAPOLIS GROUP INC. V HALIFAX REGIONAL MUNICIPALITY, 2022 SCC 36 Released in late 2022, the SCC clarified the application of the two-part test establishing constructive Annapolis acquired land in Halifax and pl......
-
When Does Land Use Regulation By Government Become So Onerous That It Amounts To What Is, In Effect, A Taking Of Land?
...Most recently, on October 21, 2022, a 5-4 majority of the Supreme Court of Canada in Annapolis Group Inc. v Halifax Regional Municipality, 2022 SCC 36 ("Annapolis"), affirmed the two part test to establish a constructive taking set out by the court in Canadian Pacific Railway Co. v Vancouve......
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The Supreme Court Of Canada Clarifies The Law On Constructive Takings
...21, 2022, the Supreme Court of Canada (the "SCC") released its decision in Annapolis Group Inc. v Halifax Regional Municipality, 2022 SCC 36 ("Annapolis"), affirming and clarifying the test for constructive taking, or de facto expropriation, set out in Canadian Pacific Railway Co. v Vancouv......
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