Norman Real Estate Ltd. v. Sask., (1979) 8 Sask.R. 124 (CA)

Judge:Woods, Hall and Bayda, JJ.A.
Court:Court of Appeal for Saskatchewan
Case Date:April 04, 1979
Jurisdiction:Saskatchewan
Citations:(1979), 8 Sask.R. 124 (CA)
 
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Norman Real Estate Ltd. v. Sask. (1979), 8 Sask.R. 124 (CA)

MLB headnote and full text

Norman Real Estate Ltd. v. Saskatchewan, Province of

Indexed As: Norman Real Estate Ltd. v. Saskatchewan

Saskatchewan Court of Appeal

Woods, Hall and Bayda, JJ.A.

April 4, 1979.

Summary:

This case arose out of the compulsory taking of land and a commercial building by the Province of Saskatchewan. Pursuant to the Expropriation Procedure Act the trial court awarded the owner compensation of $145,000.00. The Crown appealed to the Saskatchewan Court of Appeal.

The Saskatchewan Court of Appeal dismissed the appeal.

Expropriation - Topic 1032

Measure of compensation - Methods of valuation - Replacement value - The Saskatchewan Court of Appeal affirmed the use of replacement value as a measure of compensation for a commercial building which was less than four months old when it was taken by the Province of Saskatchewan - See paragraph 16.

Expropriation - Topic 1486

Measure of compensation - Deductions, for obsolescence of building - The Saskatchewan Court of Appeal stated that if land is being used for its highest and best use "it matters not what type of building is constructed to carry on that business" - The Court of Appeal affirmed the refusal of the trial court to make a deduction for functional obsolescence of a commercial building which was partially used as a residence - See paragraphs 18 and 19.

Cases Noticed:

Diggon-Hibben Limited and His Majesty the King, [1949] S.C.R. 712, refd to. [para. 10].

National Capital Commission v. Michael Budd, personally and as Executor of the Estate of Theresa Budd, and Isabelle Budd, [1968] 1 Ex. C.R. 402, refd to. [para. 11].

King, The v. W.D. Morris Realty Limited, [1943] Ex. C.R. 140, dist. [para. 14].

Saskatoon v. Smith-Roles Ltd., 22 N.R. 111; [1978] 5 W.W.R. 79, refd to. [para. 14].

Harvey v. Crawley Development Corporation, [1957] 1 Q.B. 485, refd to. [para. 20].

Re Kalinin and Municipality of Metropolitan Toronto, 13 D.L.R.(3d) 432, affd. [1972] S.C.R. 564, refd to. [para. 20].

Statutes Noticed:

Expropriation Procedure Act, S.S. 1968, c. 21.

Counsel:

D.A. McKillop and R.J. McCann, for the defendant, appellant;

L. Korchin, for the plaintiff, respondent.

This appeal was heard by WOODS, HALL and BAYDA, JJ.A., of the Saskatchewan Court of Appeal, on October 16, 1978.

The judgment of the Court of Appeal was delivered by HALL, J.A., at Regina, Saskatchewan, on April 4, 1979.

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