POW Investments Ltd. v. Nova Scotia, (1971) 4 N.S.R.(2d) 84 (TD)

JudgeDubinsky, J.
CourtSupreme Court of Nova Scotia (Canada)
Case DateFebruary 26, 1971
JurisdictionNova Scotia
Citations(1971), 4 N.S.R.(2d) 84 (TD)

POW Inv. Ltd. v. N.S. (1971), 4 N.S.R.(2d) 84 (TD)

MLB headnote and full text

Pow Investments Ltd. v. Province of Nova Scotia

Indexed As: POW Investments Ltd. v. Nova Scotia

Nova Scotia Supreme Court

Trial Division

Dubinsky, J.

February 26, 1971.

Summary:

The trial court awarded a landowner $218,224 compensation for the expropriation by the Nova Scotia Housing Commission of 428 acres of undeveloped land for residential housing purposes. Of the 428 acres, 60 acres were located in the City of Halifax and 368 acres in the County of Halifax. The 428 acres consisted of undeveloped timberland including a swampy area. The 428 acres were acquired by the landowner within 9 months of the expropriation date for $116,168 - see paragraph 3. The landowner intended to develop the land for residential housing purposes.

The trial court considered the various methods of valuing land held for development purposes. The trial court also considered the risks involved and the time lag in the implementation of a land development plan - see paragraph 32. The trial court referred to an offer by the landowner to sell the 428 acres just prior to the expropriation date of November, 1969 for $203,000 - see paragraph 50.

The trial court awarded the landowner $210,000 for the land taken plus $8,224 special damages for expenditures incurred in the development of the land - see paragraphs 57 and 58. The trial court stated that in the circumstances no award could be made for special value to the owner - see paragraph 49.

Expropriation - Topic 3004

Compensation award - Land, undeveloped and suitable for subdivision - Nova Scotia Housing Commission took 428 acres of undeveloped land for a residential housing development - Valuation of raw land suitable for sub-division purposes - Land was acquired 9 months prior to the expropriation date for $116,168 - The Nova Scotia Supreme Court, Trial Division, considered the risks of developing land - Trial court awarded the landowner $210,000 plus $8,224 special damages.

Cases Noticed:

R. v. Kendall (1912), 14 Ex. C.R. 71, folld.

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

R. v. Acadia Sugar Refining Company Limited and The Eastern Trust Company, [1947] Ex. C.R. 547, folld.

Board of Education for the Township of North York v. Village Developments Ltd. (1956), 3 D.L.R.(2d) 161, folld.

Cedar Rapids Manufacturing & Power Company v. Lacoste, [1914] A.C. 569, folld.

City of Halifax v. Bauditz (1971), 2 N.S.R.(2d) 680; 14 D.L.R.(3d) 257; (1970), 1 N.S.R.(2d) 38, folld.

Statutes Noticed:

Expropriation Act, R.S.N.S. 1967, c. 96, sect. 11.

Counsel:

Harold F. Jackson, Q.C., and George W. MacDonald, for the claimant, POW Investments Ltd.;

Ian H.M. Palmeter, Q.C., and Willard Strug, for the Province of Nova Scotia.

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4 practice notes
  • POW Investments Ltd. v. Nova Scotia, (1974) 2 N.R. 145 (SCC)
    • Canada
    • Canada (Federal) Supreme Court (Canada)
    • 26 Noviembre 1973
    ...develop the land for residential housing purposes. The trial court awarded the landowner $210,000 plus $8,224. for special damages - see 4 N.S.R.(2d) 84. On appeal to the Appeal Division of the Nova Scotia Supreme Court the appeal was allowed and the award to the landowner was increased to ......
  • POW Investments Ltd. v. Nova Scotia, (1974) 9 N.S.R.(2d) 89 (SCC)
    • Canada
    • Canada (Federal) Supreme Court (Canada)
    • 26 Noviembre 1973
    ...develop the land for residential housing purposes. The trial court awarded the landowner $210,000 plus $8,224 for special damages - see 4 N.S.R.(2d) 84. On appeal to the Appeal Division of the Nova Scotia Supreme Court the appeal was allowed and the award to the landowner was increased to $......
  • POW Investments Ltd. v. Nova Scotia, (1973) 5 N.S.R.(2d) 121 (CA)
    • Canada
    • Nova Scotia Supreme Court of Nova Scotia (Canada)
    • 11 Enero 1973
    ...the land for residential housing purposes. The trial court awarded the landowner $210,000.00 plus $8,224.00 for special damages see 4 N.S.R.(2d) 84. On appeal the award to the landowner was increased to $345,450.00 plus $8,224.00 special damages. A notice of appeal to the Supreme Court of C......
  • POW Investments Ltd. v. Nova Scotia, (1971) 4 N.S.R.(2d) 386 (TD)
    • Canada
    • Nova Scotia Supreme Court of Nova Scotia (Canada)
    • 12 Marzo 1971
    ...reduced interest on compensation award from 6 per cent to 5 per cent in accordance with section 27(1) of the Expropriation Act. See 4 N.S.R.(2d) 84 in this Harold F. Jackson, Q.C., and George W. MacDonald, for the claimant, POW Investments Ltd.; Ian H.M. Palmeter, Q.C., and Willard Strug, f......
4 cases
  • POW Investments Ltd. v. Nova Scotia, (1974) 2 N.R. 145 (SCC)
    • Canada
    • Canada (Federal) Supreme Court (Canada)
    • 26 Noviembre 1973
    ...develop the land for residential housing purposes. The trial court awarded the landowner $210,000 plus $8,224. for special damages - see 4 N.S.R.(2d) 84. On appeal to the Appeal Division of the Nova Scotia Supreme Court the appeal was allowed and the award to the landowner was increased to ......
  • POW Investments Ltd. v. Nova Scotia, (1974) 9 N.S.R.(2d) 89 (SCC)
    • Canada
    • Canada (Federal) Supreme Court (Canada)
    • 26 Noviembre 1973
    ...develop the land for residential housing purposes. The trial court awarded the landowner $210,000 plus $8,224 for special damages - see 4 N.S.R.(2d) 84. On appeal to the Appeal Division of the Nova Scotia Supreme Court the appeal was allowed and the award to the landowner was increased to $......
  • POW Investments Ltd. v. Nova Scotia, (1973) 5 N.S.R.(2d) 121 (CA)
    • Canada
    • Nova Scotia Supreme Court of Nova Scotia (Canada)
    • 11 Enero 1973
    ...the land for residential housing purposes. The trial court awarded the landowner $210,000.00 plus $8,224.00 for special damages see 4 N.S.R.(2d) 84. On appeal the award to the landowner was increased to $345,450.00 plus $8,224.00 special damages. A notice of appeal to the Supreme Court of C......
  • POW Investments Ltd. v. Nova Scotia, (1971) 4 N.S.R.(2d) 386 (TD)
    • Canada
    • Nova Scotia Supreme Court of Nova Scotia (Canada)
    • 12 Marzo 1971
    ...reduced interest on compensation award from 6 per cent to 5 per cent in accordance with section 27(1) of the Expropriation Act. See 4 N.S.R.(2d) 84 in this Harold F. Jackson, Q.C., and George W. MacDonald, for the claimant, POW Investments Ltd.; Ian H.M. Palmeter, Q.C., and Willard Strug, f......

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