Carlton Realty Co. v. Manitoba (Minister of Government Services), (1987) 50 Man.R.(2d) 191 (QB)

• Judge: Barkman, J.
• Court: Court of Queen's Bench of Manitoba (Canada)
• Case Date: October 29, 1987
• Jurisdiction: Manitoba
• Citations: (1987), 50 Man.R.(2d) 191 (QB)

Carlton Realty Co. v. Man. (1987), 50 Man.R.(2d) 191 (QB)

MLB headnote and full text

Carlton Realty Company Limited (respondent/plaintiff) v. Her Majesty The Queen in Right of the Province of Manitoba, as represented by the Minister of Government Services (applicant/defendant)

(Suit No. 87-01-21682)

Indexed As: Carlton Realty Co. v. Manitoba (Minister of Government Services)

Manitoba Court of Queen's Bench

Barkman, J.

October 29, 1987.

Summary:

The plaintiff landowner sued for a declaration that the expropriation of its property by the province was not authorized by the Department of Public Works Act, the Land Acquisition Act or the Expropriation Act and that the purported expropriation was null and void. The landowner claimed damages. The province applied to strike out the landowner's statement of claim on the grounds that the action was frivolous and vexatious and an abuse of process.

The Manitoba Court of Queen's Bench allowed the province's application. The court held that the landowner's cause of action was frivolous and vexatious.

Expropriation - Topic 2128

Practice and procedure - Pleadings - Striking out pleadings - Grounds - False, frivolous or vexatious - A landowner did not file a notice of objection to the proposed expropriation of its property - The landowner accepted advance payments of compensation and participated in a hearing before the Land Value Appraisal Commission to determine the due compensation payable - The landowner did not apply to quash the declaration of expropriation - The Manitoba Court of Queen's Bench held that a subsequent action by the landowner for a declaration that the expropriation was not authorized by statute was frivolous and vexatious and should be struck out - See paragraphs 15 to 24.

Practice - Topic 2231

Pleadings - Striking out pleadings - Grounds - False, frivolous or vexatious - [See Expropriation - Topic 2128 above].

Cases Noticed:

M.E.P.C. Canada Properties Ltd. v. The Queen et al. (1974), 7 L.C.R. 31, refd to. [para. 15].

Kapocsi et al. v. The Queen (1975), 8 L.C.R. 229, refd to. [para. 15].

Molander et al. v. City of Cranbrook (1980), 20 L.C.R. 135, refd to. [para. 15].

Aronovitch & Leipsic Limited v. Leavesly (1980), 9 Man.R.(2d) 329, refd to. [para. 17].

Lambair Ltd. v. Aero Trades (Western) Ltd., [1978] 4 W.W.R. 397 (Man. C.A.), refd to. [para. 17].

United Australia Ltd. v. Barclays Bank Ltd., [1941] A.C. 1, refd to. [para. 21].

Statutes Noticed:

Rules of Court (Man.), Queen's Bench Rules, rule 121 [paras. 11, 14].

Counsel:

W.C. Kushneryk, for the respondent;

W.G. McFetridge and Dianne Paskewitz, for the applicant.

This application was heard before Barkman, J., of the Manitoba Court of Queen's Bench, whose decision was delivered on October 29, 1987.