Melfort (City) v. Northcott, (1983) 26 Sask.R. 58 (QB)

• Judge: Maher, J.
• Court: Court of Queen's Bench of Saskatchewan (Canada)
• Case Date: June 23, 1983
• Jurisdiction: Saskatchewan
• Citations: (1983), 26 Sask.R. 58 (QB)

Melfort v. Northcott (1983), 26 Sask.R. 58 (QB)

MLB headnote and full text

Melfort, City of v. Northcott

(No. 58 A.D. 1981)

Indexed As: Melfort (City) v. Northcott

Saskatchewan Court of Queen's Bench

Judicial Centre of Melfort

Maher, J.

June 23, 1983.

Summary:

The City of Melfort expropriated 38.576 acres of vacant farm land for use as an industrial park. On the application of the City the Saskatchewan Court of Queen's Bench awarded $7,000.00 per acre compensation to the owner.

Expropriation - Topic 1010

Measure of compensation - Valuation of land - General - Value to owner - General - The Saskatchewan Court of Queen's Bench discussed the general principle of the valuation of expropriated land that compensation is to be based on the value to the owner of the land, not the value to the taker - See paragraphs 4 to 7.

Expropriation - Topic 1036

Measure of compensation - Methods of valuation - Comparative sales or market data approach - Sales to buyers with expropriation power - The Saskatchewan Court of Queen's Bench held that sales to buyers with expropriation power were not valid comparables - See paragraph 48.

Expropriation - Topic 1661

Measure of compensation - Interest - In lieu of right to retain possession until payment - The Saskatchewan Court of Queen's Bench awarded interest to a land owner on an expropriation compensation award in lieu of his right to retain possession of the land until full payment - See paragraph 54.

Expropriation - Topic 2254

Practice and procedure - Evidence - Court's duty where appraisers' evidence insufficient to establish value - The Saskatchewan Court of Queen's Bench held that, where an analysis of the findings of appraisers is not sufficient to establish value, the court must still attempt to evaluate the property - See paragraphs 50 to 51.

Expropriation - Topic 3003

Compensation awards - Farm land - The City of Melfort expropriated 38.576 acres of vacant farm land for use as an industrial park - The Saskatchewan Court of Queen's Bench awarded $7,000.00 per acre compensation.

Cases Noticed:

Serviss and Stevenson v. Rural Municipality of Flett's Springs No. 429 (1961), 26 D.L.R.(2d) 633, appld. [para. 5].

Lucas and Chesterfield Gas and Water Board, Re, [1909] 1 K.B. 60, appld. [para. 6].

Cedar Rapids Mfg. and Power Co. v. LaCoste (1914), 16 D.L.R. 168, appld. [para. 6].

Woods Manufacturing Co. Ltd. v. The King, [1951] 2 D.L.R. 465, appld. [para. 7].

Diggon-Hibben Ltd. v. The King, [1949] 4 D.L.R. 785; [1949] S.C.R. 712, appld. [para. 7].

R & G Holdings Ltd. v. City of Moose Jaw, [1982] Sask. D. 1444-03, refd to. [para. 7].

Shindle v. City of Yorkton (1982), 18 Sask.R. 56, aff'd 18 Sask.R. 42, refd to. [para. 7].

Haskey v. Town of Wadena (1982), 18 Sask.R. 215, refd to. [para. 7].

Gibson and City of Toronto, Re (1913), 28 O.L.R. 20, appld. [para. 21].

Harcaroy Farms Ltd. v. Minister of the Environment (1975), 8 L.C.R. 248, appld. [para. 48].

Frigidaire Corp. v. Steedman, [1934] O.W.N. 139, appld. [para. 50].

Schlotzer v. Ministry of Housing (1979), 15 L.C.R. 312, folld. [para. 51].

Campbell v. Peel Board of Education (1982), 24 L.C.R. 60, folld. [para. 51].

Clarke v. Township of Nepean (1981), 21 L.C.R. 259, folld. [para. 51].

British Pacific Properties Ltd. v. Minister of Highways and Public Works, [1981] 1 W.W.R. 666; 33 N.R. 98, appld. [para. 54].

Saskatoon v. Smith-Roles Ltd., [1978] 2 S.C.R. 1121; 22 N.R. 111, refd to. [para. 54].

Statutes Noticed:

Municipal Expropriation Act, R.S.S. 1978, c. M-27, sect. 9 [para. 4].

Counsel:

M.R. Annand, for the applicant;

D.E. Gauley, Q.C., and S.J. Eisner, for the respondent (claimant).

This case was heard at Melfort, Saskatchewan, before Maher, J., of the Saskatchewan Court of Queen's Bench, Judicial Centre of Melfort, who delivered the following judgment on June 23, 1983: