Brushett Realty Ltd. v. Nova Scotia, (1975) 10 N.S.R.(2d) 359 (SCC)

• Court: Supreme Court (Canada)
• Case Date: February 06, 1975
• Jurisdiction: Canada (Federal)
• Citations: (1975), 10 N.S.R.(2d) 359 (SCC)

Brushett Realty Ltd. v. N.S. (1975), 10 N.S.R.(2d) 359 (SCC)

MLB headnote

Brushett Realty Ltd. v. Province of Nova Scotia

Indexed As: Brushett Realty Ltd. v. Nova Scotia

Supreme Court of Canada

Martland, Judson, Ritchie, Spence and Beetz, J.J.

February 6, 1975

Summary:

This headnote contains no summary.

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 Appeal Division increased a compensation award by 80% and stated that the Trial Court failed "to give adequate emphasis to the potential" of the land - The Supreme Court of Canada dismissed an appeal by the Province of Nova Scotia.

Expropriation - Topic 3002

Compensation award - Partially developed subdivision land - The Nova Scotia Housing Commission took 4 parcels comprising 44 acres for purposes of a land assembly project - The Appeal Division increased the award to the landowner from $ 68,380 to $ 122,810 - The Supreme Court of Canada dismissed an appeal by the Province of Nova Scotia.

Counsel:

Ian H.M. Palmeter, Q.C. and Willard Strug, for the appellant;

Harold F. Jackson, Q.C. and David Reardon, for the respondent.