Mercury v. Manitoba (Minister of Government Services), (1996) 109 Man.R.(2d) 243 (QB)

• Judge: Mykle, J.
• Court: Court of Queen's Bench of Manitoba (Canada)
• Case Date: February 29, 1996
• Jurisdiction: Manitoba
• Citations: (1996), 109 Man.R.(2d) 243 (QB)

Mercury v. Man. (1996), 109 Man.R.(2d) 243 (QB)

MLB headnote and full text

Michael John Mercury (Owner) v. Her Majesty The Queen In Right of the Province of Manitoba, As Represented by the Honourable The Minister of Government Services, C/O Land Acquisition Branch, 12th Floor, 405 Broadway, Winnipeg, Manitoba, R3C 3L6 (authority)

(File No. 89.01.42647 CI)

Indexed As: Mercury v. Manitoba (Minister of Government Services)

Manitoba Court of Queen's Bench

Winnipeg Centre

Mykle, J.

February 29, 1996.

Summary:

The Province of Manitoba expropriated land from Mercury. The court ordered com­pensation amount for the expropriation was $600,000, with interest at the statutory rate from the date of entry into possession (June 8, 1984). A dispute arose respecting what rate of interest was payable to Mercury and how that rate was to be determined.

The Manitoba Court of Queen's Bench determined the rate of interest accordingly.

Editor's note: For a related decision see 102 Man.R.(2d) 280; 93 W.A.C. 280.

Expropriation - Topic 1322

Measure of compensation - Elements of compensation - Interest - [See Expropri­ation - Topic 1656 ].

Expropriation - Topic 1656

Measure of compensation - Interest - Rate of interest - The Province of Manitoba expropriated land from Mercury - The court ordered compensation amount for the expropriation was $600,000, with interest at the "statutory rate" from the date of entry into possession (June 8, 1984) - The parties disputed the rate of interest that was payable and how that rate was to be determined - Particularly, on September 1, 1993, there was an amendment to the Expropriation Act, s. 35(1), which pro­vided for a calculation of interest that was higher and more certain than the old s. 35(1) - This amendment was subsequent to the commencement of the proceedings, but prior to the date of the judgment - The Manitoba Court of Queen's Bench re­viewed both sections and determined that the old s. 35(1) was to be used to calculate the rate of interest to September 1, 1993 - Thereafter, the new s. 35(1) was to be used to calculate the rate of interest.

Expropriation - Topic 1657

Measure of compensation - Interest - Calculation of - [See Expropriation - Topic 1656 ].

Statutes Noticed:

Court of Queen's Bench Act, S.M. 1988-89, c. 4; C.C.S.M., c. C-280, sect. 78, sect. 79(1), sect. 79(2) [para. 6].

Expropriation Act, R.S.M. 1987, c. E-190; C.C.S.M., c. E-190, sect. 35(1) [para. 4].

Counsel:

R.A.L. Nugent, for the owner;

W.G. McFetridge, for the authority.

This case was heard before Mykle, J., of the Manitoba Court of Queen's Bench, Winnipeg Centre, who delivered the follow­ing judgment on February 29, 1996.