New Brunswick Electric Power Commission v. Embleton, [1967] N.B. Law News No. 47 (QB)

• Judge: Dickson, J.
• Court: Court of Queen's Bench of New Brunswick (Canada)
• Case Date: March 23, 1967
• Jurisdiction: New Brunswick
• Citations: [1967] N.B. Law News No. 47 (QB)

N.B. Power v. Embleton, [1967] N.B. Law News No. 47 (QB)

MLB Law News

The New Brunswick Electric Power Commission (plaintiff) v. Gordon L. Embleton, Roberta J. Embleton and Fannie M. Embleton (defendants)

(811/66/C; Archives RS48/1966/811)

Indexed As: New Brunswick Electric Power Commission v. Embleton

New Brunswick Supreme Court

Queen's Bench Division

Dickson, J.

March 23, 1967.

Summary:

Expropriation - Electric Power Act - Court held that in a "compensation action" pursuant to Section 30(3) of the Electric Power Act:

1. That filing of plan pursuant to Section 25(1) of Electric Power Act effectively expropriated the Defendant's land and vested the titled in the Plaintiff.

2. That an expropriation of lands described by metes and bounds includes buildings located on the land but is ineffective to expropriate personal property.

3. That the amount of compensation payable by the Plaintiff to the Defendant is to be determined by the Land Compensation Board.

4. That the Defendant is entitled to damages for loss of profits, loss for diminished utility of removable fixtures and cost of moving.

5. That the Defendant's farm was not a commercial undertaking within the meaning of Section 29(5)(c) of the Electric Power Act as the Defendant's property was used for the production of products of nature and not for buying or selling products of nature.

Counsel:

A. McF. Limerick, Q.C., and E.N. McKelvey, Q.C., for the plaintiff;

E.C. Atkinson, Q.C., for the defendants.

This case was heard before Dickson, J., of the New Brunswick Supreme Court, Queen's Bench Division, who delivered the following decision on March 23, 1967.