Clouston et al. v. St. John's (City), (1970) 1 Nfld. & P.E.I.R. 265 (NFSC)

• Judge: Puddester, J.
• Court: Supreme Court of Newfoundland and Labrador (Canada)
• Case Date: May 22, 1970
• Jurisdiction: Newfoundland and Labrador
• Citations: (1970), 1 Nfld. & P.E.I.R. 265 (NFSC)

Clouston v. St. John's (1970), 1 Nfld. & P.E.I.R. 265 (NFSC)

MLB headnote and full text

Clouston et al. v. City of St. John's

Indexed As: Clouston et al. v. St. John's (City)

Newfoundland Supreme Court

At Trial

Puddester, J.

May 22, 1970.

Summary:

Action to recover award with interest as compensation for expropriation of land.

Expropriation - Topic 6

Right to compensation - Refusal of offer - What constitutes refusal of award - The Newfoundland Supreme Court held filing notice of appeal and accepting increased amount only on condition that interest be paid constitutes refusal of award.

Expropriation - Topic 1654

Measure of compensation - Interest on award - Termination of - Interest runs from 30 days after award - Interest ceases when principal amount paid into court - (Newfoundland Supreme Court).

Expropriation - Topic 1655

Measure of compensation - Interest on award - On judgments on appeal - On appeal award increased from $4,800 to $13,000 - The Newfoundland Supreme Court held interest on amount of increase runs from 30 days after entry of judgment granting increase.

Cases Noticed:

International Railway Company v. Niagara Park Commission, [1941] A.C. 328, dist.

Hayden Warehouses & Storage Limited v. Toronto, [1955] 2 D.L.R. 740, dist.

Statutes Noticed:

Expropriation Act, S., Nfld. 1964, c. 31, sect. 35, sect. 37.

The City of St. John's Act, R.S.Nfld. 1952, c. 87.

Rules of Court, Order 37, rule 3.

Counsel:

P.D. Lewis, Q.C., for the plaintiffs;

G. Lang, for the defendant.