Driscoll (J.M.) Ltd. v. Saint John Harbour Bridge Authority, [1967] N.B. Law News No. 80 (CA)

• Judge: Limerick, West and Ritchie, JJ.A.
• Court: Court of Appeal (New Brunswick)
• Case Date: July 12, 1967
• Jurisdiction: New Brunswick
• Citations: [1967] N.B. Law News No. 80 (CA)

Driscoll Ltd. v. Harbour Bridge Authority, [1967] N.B. Law News No. 80 (CA)

MLB Law News

J.M. Driscoll Limited (appellant) v. Saint John Harbour Bridge Authority (respondent)

(Archives RS43/1966)

Indexed As: Driscoll (J.M.) Ltd. v. Saint John Harbour Bridge Authority

New Brunswick Supreme Court

Appeal Division

Limerick, West and Ritchie, JJ.A.

July 12, 1967.

Summary:

Arbitration Award - Land Compensation Board Act - Appeal pursuant to Section 31 of the Land Compensation Board Act, 1964. Board awarded $124,500.00 for three acres on west side of Saint John Harbour on which buildings were situated. Appraisers agreed on value of buildings at $62,000.00. Appeal limited to value of the land.

Ritchie, J.A.: Appeal Court may draw inferences from facts which might have been drawn by the Board and give any judgment that the Board ought to have given. Court of Appeal may make its assessment of the opinion evidence and decide what weight it should be accorded. The validity of any opinion as to value must rest on the validity of relevance of the information on which it is based. Where there is no question as to the honesty of the opinions of two expert witnesses, the opinion of the witness having the longest experience and more particular knowledge of the area may be accepted over that of the other.

The Court preferred the opinion of the appraiser who valued land at $1.00 per square foot. The Board based its award on an another appraiser, who based his valuation on sale prices of residential properties near the area. There is no allowance for compulsory taking. Drew v. The Queen, [1961] S.C.R. 614. However, 10% was allowed to cover damages resulting to the company by reason of being forced out of business. Award of $165,621.00 (including buildings) based on the following elements: (a) market value including the present worth of the future potential of the land; (b) the special value of the land to the company by reason of its location; and (c) damages for business disturbances resulting from the expropriation.

Limerick, J.A.: The value of this area should be determined by the saleable value of land and buildings as a unit on the open market. Separate appraisals of land and buildings should not be used. Award of $135,565.00 based on appraisal of $1.00 per square foot. There is no evidence to justify special value to the owner, as it is placed in a better financial position than when it was operating.

West, J.A.: Award of $135,565.00 for land based on $1.00 per square foot appraisal plus $62,000.00 as the value of buildings.

Counsel:

D.M. Gillis, Q.C. (Gilbert, McGloan & Gills), for the appellant;

Thomas B. Drummie, (Drummie & Drummie), for the respondent.

This case was heard before Limerick, West and Ritchie, JJ.A., of the New Brunswick Supreme Court, Appeal Division.

This appeal was heard on July 12, 1967 and the following decisions were filed:

Ritchie, J.A. - see paragraphs 1 to 66;

Limmerick, J.A. - see paragraphs 67 to 108;

West, J.A. - see paragraphs 109 to 112.