Bauditz v. Halifax (City), (1970) 2 N.S.R.(2d) 680 (SCC)

• Judge: Ritchie, Hall, Spence, Pigeon and Laskin, JJ.
• Court: Supreme Court (Canada)
• Case Date: October 21, 1970
• Jurisdiction: Canada (Federal)
• Citations: (1970), 2 N.S.R.(2d) 680 (SCC);1970 CanLII 167 (SCC);[1971] SCR 170

Bauditz v. Halifax (1970), 2 N.S.R.(2d) 680 (SCC)

MLB headnote and full text

Bauditz v. City of Halifax

Indexed As: Bauditz v. Halifax (City)

Supreme Court of Canada

Ritchie, Hall, Spence, Pigeon and Laskin, JJ.

October 21, 1970.

Summary:

The Supreme Court of Canada dismissed the appeal and affirmed the judgement of the Nova Scotia Court of Appeal in favour of a property owner for $117,000 for compensation for the compulsory taking of land by the City of Halifax for civil purposes. The owner intended to construct an apartment building on the land.

The Supreme Court of Canada affirmed the judgement of the Nova Scotia Court of Appeal with respect to additional awards to the owner for the amounts expended by the owner which would ordinarily not be recoverable by the owner on a bona fide sale of the land. Such expenditures resulted in part when the City of Halifax announced its intention to expropriate the land after a building permit was issued to the owner for the construction of an apartment building.

Expropriation - Topic 1010

Compensation - Measure of award for compensation for the compulsory taking of land - Value to owner, general - Supreme Court of Canada held that the measure of compensation is the value to the owner for the highest and best use of the land at the time of the taking.

Cases Noticed:

Woods Manufacturing Company Limited v. The King, [1951] S.C.R. 504, folld.

Gagetown Lumber Company Limited v. The Queen et al., [1957] S.C.R. 44, folld.

Federal District Commission v. Dagenais, [1935] Ex. C.R. 25, folld.

Scottish Halls Limited v. The Minister (1915), 15 N.S.W. State Rep. 81, folld.

Statutes Noticed:

Halifax City Charter, S.N.S. 1963, c. 52, sect. 408(1), sect. 414.

Counsel:

Ian M. MacKeigan, Q.C., and David S. Fraser, for the appellant, City of Halifax;

Harold Jackson, Q.C., and George Cooper, for the defendant.

The judgement of the Court was delivered by Hall, J.