Holloway v. Corner Brook (City), (1972) 2 Nfld. & P.E.I.R. 514 (NFSC)

• Court: Supreme Court of Newfoundland and Labrador (Canada)
• Case Date: February 17, 1972
• Jurisdiction: Newfoundland and Labrador
• Citations: (1972), 2 Nfld. & P.E.I.R. 514 (NFSC)

Holloway v. Corner Brook (1972), 2 Nfld. & P.E.I.R. 514 (NFSC)

MLB headnote and full text

Holloway v. The City of Corner Brook

Indexed As: Holloway v. Corner Brook (City)

Newfoundland Supreme Court

At Trial

Furlong, C.J.

February 17, 1972.

Summary:

Application to set aside an Order of Expropriation made by the City of Corner Brook.

Expropriation - Topic 4104

Taking of title - Conditions precedent - Effect of failure by authority to follow statutory procedure - Procedure for expropriation under City of Corner Brook Act - Failure of city council to submit to owner offer in writing in accordance with Act - Owner participated in proceedings of Board of Assessors - Whether expropriation invalid for failure to follow prescribed procedure - Whether owner estopped by his behaviour from disputing validity of expropriation - Newfoundland Supreme Court held failure to follow statutory procedure invalidated expropriation ab initio - Trial court held owner not deprived of rights under Act by failure to challenge procedure.

Statutes Noticed:

The City of Corner Brook Act, S. Nfld. 1968, c. 37, sect. 156.

Counsel:

Michael J. Monaghan, for the plaintiff;

John J. Young, for the defendant.