S. Cunard & Co. Ltd. v. Halifax (City), (1970) 2 N.S.R.(2d) 69 (TD)
| Judge | Dubinsky, J. |
| Court | Supreme Court of Nova Scotia (Canada) |
| Case Date | June 16, 1970 |
| Jurisdiction | Nova Scotia |
| Citations | (1970), 2 N.S.R.(2d) 69 (TD) |
Cunard & Co. v. Halifax (1970), 2 N.S.R.(2d) 69 (TD)
MLB headnote and full text
S. Cunard & Co. Ltd. v. City of Halifax
Indexed As: S. Cunard & Co. Ltd. v. Halifax (City)
Nova Scotia Supreme Court
Trial Division
Dubinsky, J.
June 16, 1970.
Summary:
Application for determination of compensation to be paid by the City of Halifax for expropriation of lands.
Expropriation - Topic 1081
Compensation - Evidence of value - Expropriation - Burden of proof - The Nova Scotia Supreme Court, Trial Division, held burden of proof of value rests with the former owner of the property.
Expropriation - Topic 3000
Compensation - Business or industrial property - Expropriation - The Nova Scotia Supreme Court, Trial Division, awarded landowner $135,000. compared with $107,800. offered by City of Halifax and in addition the trial court awarded the landowner $27,224. for expenses incurred in moving the landowner's business.
Expropriation - Topic 3000
Compensation - Business or industrial property - The Nova Scotia Supreme Court, Trial Division, awarded landowner $135,000. compared with $107,800. offered by City of Halifax and in addition, the trial court awarded the landowner $27,224. for expenses incurred in moving the landowner's business.
Cases Noticed:
R. v. Kendall (1912), 14 Ex. C.R. 71, folld.
R. v. W.D. Morris Realty Ltd., [1943] Ex. C.R. 40, folld.
R. v. Acadia Sugar Refining Co. and Eastern Trust Co., [1947] Ex. C.R. 547, folld.
R. v. Community of the Sisters of Providence, [1952] 3 D.L.R. 358; [1952] Ex. C.R. 113, folld.
University of Toronto v. Zeta Psi Elders Assoc. of Toronto (1969), 2 D.L.R. (3d) 625, folld.
National Capital Commission v. Michael Budd, [1968] 1 Ex. C.R. 402, folld.
Saint John Harbour Bridge Authority v. J.M. Driscoll Ltd. (1968), 68 D.L.R.(2d) 502, folld.
Conn & Martell, N.S.S.C., unreported.
Statutes Noticed:
Halifax City Charter, S.N.S. 1963, c. 52, sect. 408(1), sect. 408(2), sect. 412(1), sect. 414(2).
Counsel:
Arthur W.R. Moreira, Q.C., and David A. Grant, for the claimant, S. Cunard & Company;
Ronald N. Pugsley, and Hugh K. Smith, for the City of Halifax.
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S. Cunard & Co. v. Halifax (City), (1974) 6 N.S.R.(2d) 492 (SCC)
...the claimant of $107,800.00. The trial court awarded the claimant compensation of $135,000.00 plus $27,224.00 for moving expenses - see 2 N.S.R.(2d) 69. On appeal to the Appeal Division of the Nova Scotia Supreme Court the appeal was allowed and the compensation award was increased to $243,......
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S. Cunard & Co. v. Halifax, (1974) 1 N.R. 246 (SCC)
...the claimant of $107,800.00. The trial court awarded the claimant compensation of $135,000.00 plus $27,224.00 for moving expenses - see 2 N.S.R.(2d) 69. On appeal to the Appeal Division of the Nova Scotia Supreme Court the appeal was allowed and the compensation award was increased to $243,......
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Reardon and Atlantic Purification Systems Ltd. v. Dartmouth (City), (1981) 46 N.S.R.(2d) 568 (Exp)
...City of Halifax v. Sullivan Storage Co. Ltd., 1 N.S.R. (1965-69) 223, dist. [para. 57]. S. Cunard & Co. Ltd. v. City of Halifax (1970), 2 N.S.R.(2d) 69, dist. [para. Statutes Noticed: Expropriation Act, S.N.S. 1973, c. 7, sect. 27 [para. 53]. Authors and Works Noticed: Todd, The Law of ......
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Joseph Simon Ltd. v. Halifax (City), (1970) 3 N.S.R.(2d) 608 (TD)
...Conn and Martell Ltd. v. The City of Halifax (1968), 2 N.S.R.(2d) 437 , folld. S. Cunard & Co. Ltd. v. The City of Halifax (1969), 2 N.S.R.(2d) 69, H.F. Jackson, Q.C. and P.J. McDonough, for the applicant; D. Fraser for the respondent. [1] BISSETT. J. : This is an application for deter......
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S. Cunard & Co. v. Halifax (City), (1974) 6 N.S.R.(2d) 492 (SCC)
...the claimant of $107,800.00. The trial court awarded the claimant compensation of $135,000.00 plus $27,224.00 for moving expenses - see 2 N.S.R.(2d) 69. On appeal to the Appeal Division of the Nova Scotia Supreme Court the appeal was allowed and the compensation award was increased to $243,......
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S. Cunard & Co. v. Halifax, (1974) 1 N.R. 246 (SCC)
...the claimant of $107,800.00. The trial court awarded the claimant compensation of $135,000.00 plus $27,224.00 for moving expenses - see 2 N.S.R.(2d) 69. On appeal to the Appeal Division of the Nova Scotia Supreme Court the appeal was allowed and the compensation award was increased to $243,......
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Reardon and Atlantic Purification Systems Ltd. v. Dartmouth (City), (1981) 46 N.S.R.(2d) 568 (Exp)
...City of Halifax v. Sullivan Storage Co. Ltd., 1 N.S.R. (1965-69) 223, dist. [para. 57]. S. Cunard & Co. Ltd. v. City of Halifax (1970), 2 N.S.R.(2d) 69, dist. [para. Statutes Noticed: Expropriation Act, S.N.S. 1973, c. 7, sect. 27 [para. 53]. Authors and Works Noticed: Todd, The Law of ......
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Joseph Simon Ltd. v. Halifax (City), (1970) 3 N.S.R.(2d) 608 (TD)
...Conn and Martell Ltd. v. The City of Halifax (1968), 2 N.S.R.(2d) 437 , folld. S. Cunard & Co. Ltd. v. The City of Halifax (1969), 2 N.S.R.(2d) 69, H.F. Jackson, Q.C. and P.J. McDonough, for the applicant; D. Fraser for the respondent. [1] BISSETT. J. : This is an application for deter......