POW Investments Ltd. v. Nova Scotia, (1974) 2 N.R. 145 (SCC)

• Judge: Abbott, Ritchie, Spence, Laskin, Dickson, JJ.
• Court: Supreme Court (Canada)
• Case Date: November 26, 1973
• Jurisdiction: Canada (Federal)
• Citations: (1974), 2 N.R. 145 (SCC);45 DLR (3d) 398;[1975] 2 SCR 86;1974 CanLII 160 (SCC);9 NSR (2d) 89;2 NR 145

POW Inv. Ltd. v. N.S. (1974), 2 N.R. 145 (SCC)

MLB headnote and full text

POW Investments Ltd. v. Province of Nova Scotia

Indexed As: POW Investments Ltd. v. Nova Scotia

Supreme Court of Canada

Abbott, Ritchie, Spence, Laskin, Dickson, JJ.

April 29, 1974.

Summary:

This case arose out of a claim for compensation by a landowner for 428 acres of undeveloped land suitable for subdivision purposes. The 428 acres were taken by the Nova Scotia Housing Commission for a housing development. 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 timber land including a swampy area. The landowner intended to 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 $345,450. plus $8,224. special damages - see 5 N.S.R.(2d) 121. The Appeal Division stated that undeveloped land suitable for subdivision purposes should be valued by taking into consideration the immediate potential of all or part of the land. The Appeal Division stated that land reasonably ripe for development should be valued in accordance with the prices in the neighbourhood for land immediately required for subdivision purposes.

On appeal to the Supreme Court of Canada the appeal was dismissed and the judgment of the Appeal Division of the Nova Scotia Supreme Court was affirmed. The Supreme Court of Canada stated that undeveloped land should be valued by taking into account its present value for building purposes in the future - see paragraph 17.

Expropriation - Topic 1130

Measure of compensation - Taking of land - Potential value of undeveloped land suitable for subdivision purposes - The Supreme Court of Canada stated that such undeveloped land should be valued by taking into consideration its present value for building purposes in the future - See paragraphs 17 and 18.

Expropriation - Topic 2200

Procedure - Appeals - General principles - The Supreme Court of Canada stated that an appeal court has jurisdiction to review the findings of an arbitrator to determine whether the arbitrator misapprehended the evidence in attaching undue weight to any factors - See paragraph 15.

Expropriation - Topic 3004

Compensation award - Undeveloped land suitable for subdivision purposes - The Nova Scotia Housing Commission took 428 acres of undeveloped land on the outskirts of the City of Halifax for a housing development - The Supreme Court of Canada affirmed an award to the landowner of $345,450.

Cases Noticed:

Winnipeg Supply & Fuel Co. Ltd. v. Metropolitan Corporation of Greater Winnipeg, [1966] S.C.R. 336, folld. [para. 15].

University of Toronto v. Zeta Psi Elders Association of Toronto, [1969] S.C.R. 443, folld. [para. 15].

R. v. Eastern Trust, [1945] Ex. C.R. 115, folld. [para. 17].

Counsel:

I. Palmeter, Q.C. and W. Strug, for the appellant;

Jackson, Q.C. and D.H. Reardon, for the respondent.

This case was heard by the Supreme Court of Canada on November 26, 1973. Judgment was delivered on April 29, 1974.

The judgment of the court was delivered by Ritchie, J.