Brushett Realty Ltd. v. Nova Scotia, (1973) 6 N.S.R.(2d) 462 (CA)

• Judge: McKinnon, C.J.N.S., Coffin and Cooper, JJ.A.
• Court: Supreme Court of Nova Scotia (Canada)
• Case Date: June 16, 1973
• Jurisdiction: Nova Scotia
• Citations: (1973), 6 N.S.R.(2d) 462 (CA)

Brushett Realty Ltd. v. N.S. (1973), 6 N.S.R.(2d) 462 (CA)

MLB headnote and full text

Brushett Realty Ltd. v. Province of Nova Scotia

Indexed As: Brushett Realty Ltd. v. Nova Scotia

Nova Scotia Supreme Court

Appeal Division

McKinnon, C.J.N.S., Coffin and Cooper, JJ.A.

October 5, 1973.

Summary:

This case arose out of a claim for compensation by a landowner for 44 acres of partially developed subdivision land. The 44 acres were taken by the Nova Scotia Housing Commission for purposes of a land assembly project. In an unreported judgment of Jones, J., dated February 24, 1972, the trial court awarded the landowner $68,380. On appeal to the Appeal Division of the Nova Scotia Supreme Court the appeal was allowed and the compensation award was increased from $68,380 to $122,810. With respect to an 18 acre parcel which was partially developed, the Appeal Division increased the award from $2,461 per acre to $4,871 per acre. With respect to three other parcels comprising 26 acres which was described as "undeveloped land with limited access" the Appeal Division increased the award by approximately 50% - one parcel was increased from $2,000 per acre to $3,000 per acre, another parcel was increased from $700 per acre to $1,000 per acre, and a third parcel was increased from $890 per acre to $1,200 per acre.

The Appeal Division stated that the trial judge did not give enough attention to or give adequate emphasis to the potential of the four parcels of land - see paragraphs 74 and 77.

Expropriation - Topic 1130

Measure of compensation - Taking of partially developed subdivided land - Part of the land taken was likely to be used for building purposes in the immediate or reasonably near future - The Nova Scotia Court of Appeal increased a compensation award by 80% and stated that the trial court failed "to give adequate emphasis to the potential" of the land - See paragraph 77.

Expropriation - Topic 3002

Compensation award - Partially developed subdivision land - The Nova Scotia Housing Commission took four parcels comprising 44 acres for purposes of a land assembly project - The Nova Scotia Court of Appeal increased the award to the landowner from $68,380 to $122,810.

Cases Noticed:

Bauditz et al. v. City of Halifax (1970), 1 N.S.R.(2d) 71; (1971), 2 N.S.R.(2d) 680; 14 D.L.R.(3d) 257, folld. [paras. 17, 51].

Re Devitt and Minister of Public Works for Ontario, [1968] 2 O.R. 464, folld. [para. 45].

Re Ives (1966), 58 D.L.R.(2d) 425, folld. [paras. 48, 77].

Irving Oil Company Ltd. v. The King, [1946] S.C.R. 551, folld. [para. 49].

Re Little (1957), 9 D.L.R.(2d) 296, folld. [para. 50].

University of Toronto v. Zeta Psi Elders Association of Toronto, [1969] S.C.R. 443, folld. [para. 77].

POW Investments and The Province of Nova Scotia (1973), 5 N.S.R.(2d) 121, folld. [para. 77].

Counsel:

Harold F. Jackson, Q.C., and David H. Reardon, for the appellant;

Ian Palmeter, Q.C., and Willard Strug, for the respondent.

This case was heard on April 17 and 18, 1973, before McKinnon, C.J.N.S., Coffin and Cooper, JJ.A. McKinnon, C.J.N.S., died on or about June 16, 1973.

Cooper, J.A., concurred with Coffin, J.A.