Heale and Stanley Estate v. St. John's (City), (1970) 1 Nfld. & P.E.I.R. 519 (NFCA)

• Judge: Furlong, C.J., Higgins and Mifflin, JJ.
• Court: Newfoundland Court of Appeal
• Case Date: November 17, 1970
• Jurisdiction: Newfoundland and Labrador
• Citations: (1970), 1 Nfld. & P.E.I.R. 519 (NFCA)

Heale v. St. John's (1970), 1 Nfld. & P.E.I.R. 519 (NFCA)

MLB headnote and full text

Heale and Estate of Stanley v. The City of St. John's

Indexed As: Heale and Stanley Estate v. St. John's (City)

Newfoundland Supreme Court

On Appeal

Furlong, C.J., Higgins and Mifflin, JJ.

November 17, 1970.

Summary:

Appeal Court dismissed appeal of the property owners and affirmed the award of $44,250. of an Arbitration Board for compensation for property expropriated under the Expropriation Act. The lands expropriated were used by the owners of a drug store. After considering the evidence, the Arbitration Board rejected the capitalization approach to valuation of the pharmacy premises proposed by the witness for the owners and made its award on the basis of appraised value of the land and buildings plus an amount for loss of business and for business disturbance. In arriving at the amount to be allowed for business loss, the Board applied a formula to be used where business properties can be relocated. The Court granted an award of 100% of average net profits for 3 years before expropriation for the first year following expropriation; 75% for the 2nd year and 50% for the 3rd year, on the basis that the owners could be reestablished in 3 years.

Appeal Court stated that the Court would not disturb an award of an Arbitration Board unless it can be shown that the Board proceeded on a wrong principle of law or that there was no evidence to support the award or that the award was unreasonably excessive or unreasonably small, and held that the Arbitration Board was correct in its approach.

Arbitration - Topic 8300

Judicial review - Grounds, general - Appeal - Expropriation - Appeal from arbitration award - Award on basis of appraised value of land and buildings plus amount for loss of business and for business disturbance - Appeal court will not disturb arbitration board award unless arbitration board proceeded on wrong principle of law or there was no evidence to support award or award was unreasonably excessive or small - The Newfoundland Court of Appeal affirmed the award.

Expropriation - Topic 1030

Compensation - Measure of award - Expropriation of business premises - The Newfoundland Court of Appeal stated formula to be used where relocation of business is possible.

Statutes Noticed:

Expropriation Act, S.N. 1964, c. 31, sect. 27(1).

Counsel:

Edward Neary, for the applellants;

Gerald Lang, for the respondents.