Newfoundland (Minister of Public Works) v. Morris Estate, (1973) 4 Nfld. & P.E.I.R. 48 (NFCA)

• Judge: Furlong, C.J., Puddester and Higgins, JJ.
• Court: Court of Appeal (Newfoundland)
• Case Date: February 07, 1973
• Jurisdiction: Newfoundland and Labrador
• Citations: (1973), 4 Nfld. & P.E.I.R. 48 (NFCA)

Nfld. v. Morris Estate (1973), 4 Nfld. & P.E.I.R. 48 (NFCA)

MLB headnote and full text

Minister of Public Works v. Morris Estate

Indexed As: Newfoundland (Minister of Public Works) v. Morris Estate

Newfoundland Supreme Court

On Appeal

Furlong, C.J., Puddester and Higgins, JJ.

February 7, 1973.

Summary:

This appeal arose out of the expropriation of land by the Minister of Public Works. The Minister of Public Works expropriated three lots of land totalling 133 acres from the landowner for the purpose of a new town site development. The land was undeveloped but was part of the landowner's long range plan for subdivision development. 155 acres of contiguous land was developed by the landowner. The expropriated land had easy access and was ripe for development, being on the outskirts of St. John's. The Arbitration Board set up under the Expropriation Act awarded the landowner $190,350.00 compensation. The Appeal Court dismissed the Minister's appeal from the award.

The Appeal Court held that an arbitration award will not be disturbed unless the arbitration board proceeded on a wrong principle of law or there was no evidence to support the award. The Appeal Court examined the evidence and concluded that the board made no error of law and that there was evidence to support its findings. The Appeal Court held that the board was correct in admitting evidence of the sale of a nearby property subsequent to the expropriation. The Appeal Court stated that evidence of sales which is logically probative on the question of value should be admitted.

Arbitration - Topic 8700

Award - Review - Procedure - Appeals - General principle - Newfoundland Court of Appeal refused to set aside an arbitration award where it was not shown that the Arbitration Board proceeded on a wrong principle of law or that there was no evidence to support the award - Paragraphs 3, 44 and 50.

Expropriation - Topic 1084

Measure of compensation - Taking of land - Valuation - Evidence of value - Sales of nearby property - Sales subsequent to taking - Newfoundland Court of Appeal held evidence of subsequent sale was probative of value - Appeal court held Arbitration Board entitled to admit evidence of subsequent sale - Paragraphs 46 to 48.

Expropriation - Topic 3004

Compensation awards - Undeveloped land suitable for subdivision purposes - Minister of Public Works expropriated three lots of land totalling 133 acres for a town site development on the outskirts of St. John's - Newfoundland Court of Appeal affirmed the Arbitration Board's award of $190,350.00 as compensation for the land.

Cases Noticed:

Sisters of Charity of Rockingham v. The King, [1922] 2 A.C. 322, folld.

Tabco Timber Ltd. et al. v. The Queen (1971), 15 D.L.R.(3rd) 748, appld.

Bagwell v. The Queen, [1957] S.C.R. 28, refd to.

Statutes Noticed:

Expropriation Act, S. Nfld. 1964, c. 31, sect. 17(1), sect. 27.

Counsel:

V.P. McCarthy, Q.C., for the appellant;

S.J. Hawkins, Q.C., for the respondents.