Irvine v. New Brunswick Electric Power Commission, [1967] N.B. Law News No. 11 (QB)

• Court: Court of Queen's Bench of New Brunswick (Canada)
• Case Date: December 09, 1965
• Jurisdiction: New Brunswick
• Citations: [1967] N.B. Law News No. 11 (QB)

Irvine v. N.B. Power, [1967] N.B. Law News No. 11 (QB)

MLB Law News

In The Matter Of the Electric Power Act, Chapter 41, of the Acts of the Legislative Assembly, 1961-62,

And In The Matter Of a reference for the determination of the amount of compensation to be awarded the plaintiff in a compensation action brought

Harry Irvine (plaintiff) v. The New Brunswick Electric Power Commission (defendant)

Indexed As: Irvine v. New Brunswick Electric Power Commission

New Brunswick Supreme Court

Queen's Bench Division

Hughes, C.C.J.

January 11, 1966.

Summary:

Arbitration Award - 100 foot strip of land containing 3.52 acres expropriated. Defendant  had offered Plaintiff the sum of $140.00, calculated at the rate of $40.00 per acre. Plaintiff awarded $2,836.35 made up as follows: $176.00 for 3.52 Acres at the rate of $50.00 per Acre; $225.00 for 1 1/2 Acres at $150.00 per Acre where intended decorative pool was to be constructed; $1,700.00 for damages for severance and injurious affection and $735.35 for interest at the rate of 5% from date of expropriation, December 1, 1958 to December 1, 1965. Court States basis of award is what owner, as a prudent man at that moment would pay for the property rather than be ejected from it. No 10% allowance for forcible taking since Drew v. R., [1961] S.C.R. 614.

Counsel:

John C. McNair, for the plaintiff;

A. McF. Limerick, Q.C., for the defendant.

This case was heard at Fredericton, N.B., on December 9, 1965, before Hughes, C.C.J., of the New Brunswick Supreme Court, Queen's Bench Division, who delivered the following decision on January 11, 1966..