Mini-Mansion Construction Co. v. Saskatoon (City), (1983) 28 Sask.R. 61 (QB)

• Judge: Maher, J.
• Court: Court of Queen's Bench of Saskatchewan (Canada)
• Case Date: October 27, 1983
• Jurisdiction: Saskatchewan
• Citations: (1983), 28 Sask.R. 61 (QB)

Mini-Mansion Constr. Co. v. Saskatoon (1983), 28 Sask.R. 61 (QB)

MLB headnote and full text

Mini-Mansion Construction Co. Ltd. v. City of Saskatoon

(No. 2188 A.D. 1981)

Indexed As: Mini-Mansion Construction Co. v. Saskatoon (City)

Saskatchewan Court of Queen's Bench

Judicial Centre of Saskatoon

Maher, J.

October 27, 1983.

Summary:

The owner of property expropriated by a municipality applied for compensation under the Municipal Expropriation Act.

The Saskatchewan Court of Queen's Bench determined the amount of compensation to be awarded.

Expropriation - Topic 1010

Measure of compensation - Valuation of land - Value to owner - The Saskatchewan Court of Queen's Bench held that the owner of expropriated property was entitled to receive as compensation the value of the land to him - See paragraphs 5 to 7.

Expropriation - Topic 1036

Measure of compensation - Methods of valuation - Comparative sales or market data method - The Saskatchewan Court of Queen's Bench discussed the use of the market data or comparative sales method to determine the value of expropriated land - See paragraphs 14 to 51.

Expropriation - Topic 3001

Compensation awards - Particular awards - Residential property - The Saskatchewan Court of Queen's Bench awarded $502,125.00 (or $25.75 per square foot) for 19,500 square feet of land expropriated in a city subdivision zoned for one and two unit dwellings and apartment houses - The subdivision was located in one of the older areas of the city adjacent to the high density commercial core of the city - See paragraph 51.

Cases Noticed:

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

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

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

Woods Manufacturing Co. Ltd. v. R., [1951] 2 D.L.R. 465, refd to. [para. 7].

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

R & G Holdings Ltd. v. City of Moose Jaw, [1982] Sask. D. 1444-03; 16 Sask.R. 397, 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].

British Pacific Properties Ltd. v. Minister of Highways and Public Works, [1981] 1 W.W.R. 666; 33 N.R. 98, folld. [para. 52].

Saskatoon v. Smith-Roles Ltd., [1978] 2 S.C.R. 1121; 22 N.R. 111, refd to. [para. 52].

Statutes Noticed:

Municipal Expropriation Act, R.S.S. 1978, c. M-27, sect. 9 [paras. 4 to 8].

Counsel:

P. Foley and N.E. Hopkins, for the applicant;

M.D. Irwin and D.D.D. Angene, for the respondent.

This application was heard before Maher, J., of the Saskatchewan Court of Queen's Bench, Judicial Centre of Saskatoon, who delivered the following judgment on October 27, 1983: