Britton v. Can., (1975) 7 N.R. 81 (FCA)

JudgeThurlow and Ryan, JJ. and MacKay, D.J.
CourtFederal Court of Appeal (Canada)
Case DateFebruary 17, 1975
JurisdictionCanada (Federal)
Citations(1975), 7 N.R. 81 (FCA)

Britton v. Can. (1975), 7 N.R. 81 (FCA)

MLB headnote and full text

Britton v. The Queen

Indexed As: Britton v. The Queen

Federal Court of Appeal

Thurlow and Ryan, JJ. and MacKay, D.J.

February 19, 1975.

Summary:

This headnote contains no summary.

Expropriation - Topic 2128

Practice - Pleadings - Striking out of pleadings - The claimant applied to strike out a reference in the Crown's pleading to the purchase price paid by the claimant for the land taken - The Federal Court of Appeal dismissed the application to strike out the pleading - The Federal Court of Appeal stated that the trial would not be prejudiced by the reference to such purchase price in the statement of defence - See paragraph 7.

Expropriation - Topic 2141

Practice - Particulars - A trial judge on his own motion made an order which required particulars from the parties - See paragraph 9 - The Federal Court of Appeal set aside the order for particulars made by the trial judge because it was not authorized by the Federal Court Rules - See paragraph 12.

Expropriation - Topic 2147

Practice - Particulars - Particulars respecting an offer of compensation referred to in the Crown's pleadings - The Federal Court of Appeal dismissed an application by the claimant for a breakdown of the offer made by the Crown - See paragraph 8.

Statutes Noticed:

Federal Court Rules, rule 415(3) [fn. 1].

Federal Court Rules, rule 473(1) [fn. 2].

Counsel:

M. Appel, for the appellants;

H. Erlichman, for the respondent.

This appeal was heard by the Federal Court of Appeal at Toronto, Ontario on February 17, 1975. Judgment was delivered by the Federal Court of appeal on February 19, 1975.

The judgment of the Federal Court of Appeal was delivered by THURLOW, J.

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