Manitoba v. Christie, MacKay & Co., (1993) 87 Man.R.(2d) 285 (QB)
| Judge | Dureault, J. |
| Court | Court of Queen's Bench of Manitoba (Canada) |
| Case Date | June 11, 1993 |
| Jurisdiction | Manitoba |
| Citations | (1993), 87 Man.R.(2d) 285 (QB) |
Man. v. Christie, MacKay & Co. (1993), 87 Man.R.(2d) 285 (QB)
MLB headnote and full text
Manitoba (applicant) v. Christie, MacKay and Company (respondent)
(Suit No. CI 92-01-60305)
Indexed As: Manitoba v. Christie, MacKay & Co.
Manitoba Court of Queen's Bench
Winnipeg Centre
Dureault, J.
June 11, 1993.
Summary:
Manitoba expropriated the office building in which a law firm was a tenant. Its lease was about to expire, but it had a right to renew for a further five years at rent to be agreed. It relocated to a place with higher rent. The Land Value Appraisal Commission awarded compensation in the amount of the rent differential for five years. Manitoba appealed.
The Manitoba Court of Queen's Bench allowed the appeal, holding that the rent differential was not compensable.
Expropriation - Topic 117
Right to compensation - Compensable interests - Leasehold interests - Right of renewal - Manitoba expropriated the office building in which a law firm was a tenant - Its lease was about to expire, but it had a right to renew for a further five years at rent to be agreed - It relocated to a place with higher rent - The Land Value Appraisal Commission awarded compensation in the amount of the rent differential for five years - The Manitoba Court of Queen's Bench reversed, holding that the rent differential was not compensable.
Expropriation - Topic 1155.1
Measure of compensation - Special interests - Leaseholds - Right of renewal - [See Expropriation - Topic 117 ].
Cases Noticed:
Sunderland v. Brockville (Town), [1961] O.R. 660; 29 D.L.R.(2d) 110 (C.A.), appld. [para. 17].
Statutes Noticed:
Expropriation Act, R.S.M. 1987, c. E-190, sect. 26(1), sect. 28(1), sect. 28(3) [para. 2].
Authors and Works Noticed:
Nugent, Ross, Expropriation - Rights of Tenants and Mortgagees (1979), p. 2 [paras. 13, 15].
Todd, Eric C.E., The Law of Expropriation and Compensation in Canada (1976), p. 330 [para. 16].
Counsel:
W. Glenn McFetridge, for the applicant Crown;
Sidney Green, Q.C., for the respondent.
This case was heard at Winnipeg, Manitoba, before Dureault, J., of the Manitoba Court of Queen's Bench, Winnipeg Centre, who delivered the following decision on June 11, 1993.
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MacKay and Settle v. Manitoba, (1998) 131 Man.R.(2d) 302 (CA)
...renewal period. The Province applied to quash the Commission's decision. The Manitoba Court of Queen's Bench, in a decision reported at 87 Man.R.(2d) 285, allowed the application, holding that the rent differential was not compensable. The tenants The Manitoba Court of Appeal, in a decision......
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MacKay and Settle v. Manitoba, (1997) 124 Man.R.(2d) 110 (QB)
...Metropolitan Toronto (1966), 2 O.R. 817 (C.A.), affd. [1970] S.C.R. 726 , folld. [para. 5]. Manitoba v. Christie, MacKay and Co. (1993), 87 Man.R.(2d) 285 (Q.B.), affd. (1994), 92 Man.R.(2d) 167 ; 61 W.A.C. 167 (C.A.), leave to appeal refused (1994), 177 N.R. 79 ; 100 Man.R.(2d) 80 ......
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Manitoba v. Christie, MacKay & Co., (1994) 92 Man.R.(2d) 167 (CA)
...in the amount of the rent differential for five years. Manitoba appealed. The Manitoba Court of Queen's Bench, in a decision reported 87 Man.R.(2d) 285, allowed the appeal, holding that the rent differential was not compensable. The law firm The Manitoba Court of Appeal dismissed the appeal......
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MacKay and Settle v. Manitoba, (1998) 131 Man.R.(2d) 302 (CA)
...renewal period. The Province applied to quash the Commission's decision. The Manitoba Court of Queen's Bench, in a decision reported at 87 Man.R.(2d) 285, allowed the application, holding that the rent differential was not compensable. The tenants The Manitoba Court of Appeal, in a decision......
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MacKay and Settle v. Manitoba, (1997) 124 Man.R.(2d) 110 (QB)
...Metropolitan Toronto (1966), 2 O.R. 817 (C.A.), affd. [1970] S.C.R. 726 , folld. [para. 5]. Manitoba v. Christie, MacKay and Co. (1993), 87 Man.R.(2d) 285 (Q.B.), affd. (1994), 92 Man.R.(2d) 167 ; 61 W.A.C. 167 (C.A.), leave to appeal refused (1994), 177 N.R. 79 ; 100 Man.R.(2d) 80 ......
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Manitoba v. Christie, MacKay & Co., (1994) 92 Man.R.(2d) 167 (CA)
...in the amount of the rent differential for five years. Manitoba appealed. The Manitoba Court of Queen's Bench, in a decision reported 87 Man.R.(2d) 285, allowed the appeal, holding that the rent differential was not compensable. The law firm The Manitoba Court of Appeal dismissed the appeal......