Manitoba v. Paletta, (1984) 30 Man.R.(2d) 234 (QB)

CourtCourt of Queen's Bench of Manitoba (Canada)
Case DateJuly 25, 1984
JurisdictionManitoba
Citations(1984), 30 Man.R.(2d) 234 (QB)

Man. v. Paletta (1984), 30 Man.R.(2d) 234 (QB)

MLB headnote and full text

Her Majesty The Queen in right of the Province of Manitoba v. Paletta; Paletta v. Her Majesty The Queen in right of the Province of Manitoba

(Suit Nos. 859/78; 2488/81)

Indexed As: Manitoba v. Paletta

Manitoba Court of Queen's Bench

Dewar, C.J.Q.B.

July 25, 1984.

Summary:

The Crown expropriated certain lands and premises belonging to Paletta. A fire occurred after the effective date of the expropriation and after title had vested in the Crown but while Paletta remained in possession. Paletta received $9137.80 from his insurer respecting the fire. Paletta brought an action against the Crown for compensation for the expropriation. The Crown argued that under s. 40(1) of the Law of Property Act that the $9137.80 paid by the insurer be credited toward the compensation payable to Paletta.

The Manitoba Court of Queen's Bench held that the $9137.80 should be deducted from the compensation payable by the Crown.

Expropriation - Topic 1483

Compensation - Measure of - Deductions - Insurance proceeds - A fire damaged a property after it was expropriated and title had vested in the Crown, although the former owner remained in possession - The former owner collected $9137.80 from his insurer - On a compensation claim by the former owner the Manitoba Court of Queen's Bench held that the $9137.80 should be deducted from the total compensation payable by the Crown because any other solution would be unjust and inequitable and defeat the purpose of the Expropriation Act, s. 13(3), and the Law of Property Act, s. 40(1).

Cases Noticed:

Drache v. City of Winnipeg (1970), 72 W.W.R.(N.S.) 379, affd. 75 W.W.R.(N.S.) 317 (C.A.), not folld. [para. 11].

Statutes Noticed:

Expropriation Act, S.M. 1970, c. 78; C.C.S.M, c. E-190, sect. 13(3) [para. 3].

Law of Property Act, R.S.M. 1970, c. L-90; C.C.S.M., c. L-90, sect. 40(1) [para. 3].

Counsel:

M.J. Mercury, Q.C., for Paletta;

J.D. Brett, for Province of Manitoba.

This case was heard before Dewar, C.J.Q.B., of the Manitoba Court of Queen's Bench, who delivered the following decision on July 25, 1984:

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1 practice notes
  • Manitoba v. Paletta, (1985) 39 Man.R.(2d) 65 (CA)
    • Canada
    • Manitoba Court of Appeal (Manitoba)
    • 15 Enero 1985
    ...in insurance proceeds be deducted from the compensation payable to Paletta. The Manitoba Court of Queen's Bench, in a decision reported 30 Man.R.(2d) 234, allowed the Crown's application and held that the $9,137.80 should be deducted. Paletta The Manitoba Court of Appeal allowed the appeal,......
1 cases
  • Manitoba v. Paletta, (1985) 39 Man.R.(2d) 65 (CA)
    • Canada
    • Manitoba Court of Appeal (Manitoba)
    • 15 Enero 1985
    ...in insurance proceeds be deducted from the compensation payable to Paletta. The Manitoba Court of Queen's Bench, in a decision reported 30 Man.R.(2d) 234, allowed the Crown's application and held that the $9,137.80 should be deducted. Paletta The Manitoba Court of Appeal allowed the appeal,......

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