Dawson v. Newfoundland, (1976) 9 Nfld. & P.E.I.R. 347 (NFCA)

• Judge: Furlong, C.J.N., Mifflin and Noel, JJ.
• Court: Court of Appeal (Newfoundland)
• Case Date: April 02, 1976
• Jurisdiction: Newfoundland and Labrador
• Citations: (1976), 9 Nfld. & P.E.I.R. 347 (NFCA)

Dawson v. Nfld. (1976), 9 Nfld. & P.E.I.R. 347 (NFCA);

    12 A.P.R. 347

MLB headnote and full text

Dawson v. Province of Newfoundland

Indexed As: Dawson v. Newfoundland

Newfoundland Court of Appeal

Furlong, C.J.N., Mifflin and Noel, JJ.

April 2, 1976.

Summary:

This case arose out of a claim for compensation for a 1.8 acre lot of land expropriated by the Province of Newfoundland. The 1.8 acre lot measured 1,312 feet by 66 feet and was located along a highway at Pasadena, Humber Valley, Newfoundland. The 1.8 acre lot had a highway frontage of 1,312 feet. The 1.8 acre lot was part of a 66 acre lot owned by the claimant. The claimant's land was wooded and undeveloped and was classified as agricultural land. Some lots nearby were subdivided for subdivision purposes - A Board of Arbitration appointed under the Expropriation Act awarded the claimant $1,984.00.

On appeal to the Newfoundland Court of Appeal the appeal was allowed and the compensation award was increased to $3,600.00. Noel, J., dissenting, in the Newfoundland Court of Appeal, would have dismissed the appeal and would have affirmed the compensation award made by the Board of Arbitration. Noel, J. stated that the Board of Arbitration had sufficient evidence before it to fix the compensation and that it did so in a reasonable manner - see paragraphs 35 to 44.

Expropriation - Topic 1084

Measure of compensation - Evidence of value - Relevance of comparable sales which took place after the date of expropriation - The Newfoundland Court of Appeal considered comparable sales occurring after the date of the expropriation for the purpose of showing the appreciation in land values in the area - See paragraph 30.

Expropriation - Topic 2203

Practice - Appeals - Variation of a compensation award on appeal - The Newfoundland Court of Appeal stated that a court of appeal should not vary a compensation award unless the applicant shows that the board of arbitrators proceeded upon a wrong principle of law, or that there was no evidence to support the award, or that the award was clearly excessive or clearly inadequate - See paragraph 23.

Expropriation - Topic 3004

Compensation award - Undeveloped land suitable for subdivision purposes - The Province of Newfoundland took 1.8 acres of the claimant's land at pasadena, humber valley, Newfoundland - The 1.8 acres was part of a 66 acre lot owned by the claimant - The 1.8 acres taken was 1,312 feet by 66 feet and had a highway frontage of 1,312 feet - The 1.8 acre lot was wooded and was classified as agricultural land - Some nearby lots were subdivided for subdivision purposes - The Newfoundland Court of Appeal awarded the claimant $3,600, being $2,000 per acre.

Cases Noticed:

Minister of Public Works v. Morris (1973), 4 Nfld. & P.E.I.R. 48, dist. [para. 13].

Minister of Public Works v. Morris (1973), 4 Nfld. & P.E.I.R. 48, folld. [paras. 13 and 42].

Statutes Noticed:

Expropriation Act 1964, S.N. 1964, c. 31, sect. 27(1) [para. 22].

Expropriation Act, R.S.N. 1970, c. 121, sect. 35, sect. 36 [para. 32].

Counsel:

D.W.K. Dawe, Q.C., for the appellant;

Gerard Martin, for the respondent.

FURLONG, C.J. - see paragraphs 1 to 17,

MIFFLIN, J. - see paragraphs 18 to 34,

NOEL, J. - dissenting, see paragraphs 35 to 44.