Nfld. v. Taylor, (1970) 1 Nfld. & P.E.I.R. 73 (NFCA)

• Judge: Furlong, C.J., Mifflin and Puddester, JJ.
• Court: Newfoundland Court of Appeal
• Case Date: February 05, 1970
• Jurisdiction: Newfoundland and Labrador
• Citations: (1970), 1 Nfld. & P.E.I.R. 73 (NFCA)

Nfld. v. Taylor (1970), 1 Nfld. & P.E.I.R. 73 (NFCA)

MLB headnote and full text

The Minister of Public Works v. Taylor

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

Newfoundland Supreme Court

Appeal Division

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

February 5, 1970.

Summary:

Appeal Court allowed the appeal of the Crown and reduced a compensation award for expropriation of a dwelling from $8,760. to $4,200. The Appeal Court held that compensation for the claimant's dwelling must be based on fair market value. The Appeal Court held that the claimant was not entitled to the benefits of the Family Homes Expropriation Act and held that the claimant's home was "substandard" within the meaning of Section 5A of that Act. The Appeal Court held that "substandard" refers to the standards as set by a building scheme and does not refer to the standards as set by existing buildings in the expropriation area.

Expropriation - Topic 1038

Measure of compensation - Methods of valuation - Market value - Statement by Court of Appeal of elements to be considered in determining fair market value - (Newfoundland Court of Appeal).

Practice - Topic 8800

Appeals - Evidence - Duty of appellate court regarding findings of fact by a trial judge - Inferences from facts - Where credibility is not in question, Appeal Court is in as good a position to draw inferences from evidence as the tribunal below - (Newfoundland Court of Appeal).

Words and Phrases

Substandard - The Newfoundland Court of Appeal held that "substandard" refers to the standards as set by a building scheme and does not refer to existing standards of buildings in an expropriation area (Family Homes Expropriation Act).

Cases Noticed:

R. v. W.D. Morris Realty Limited, [1943] Ex. C.R. 140, refd to.

Montgomerie Company Limited v. Wallace-James, [1904] A.C. 73, folld.

Statutes Noticed:

Expropriation Act, S.N. 1964, c. 31, sect. 27(1), sect. 32(2).

Family Homes Expropriation Act, S.N. 1964, c. 65, sect. 5A, as amended S.N. 1966-67, c. 63.

Counsel:

V.P. McCarthy, Q.C., for the Appellant, Minister of Public Works;

F. Alward, for the Respondent, Frank Taylor.