Gerald J. Ryan Co. v. Minister of Transportation (N.B.), (1983) 48 N.B.R.(2d) 45 (CA)

• Judge: Hughes, C.J.N.B., Stratton and Angers, JJ.A.
• Court: Court of Appeal (New Brunswick)
• Case Date: May 19, 1983
• Jurisdiction: New Brunswick
• Citations: (1983), 48 N.B.R.(2d) 45 (CA)

Ryan Co. v. N.B. (1983), 48 N.B.R.(2d) 45 (CA);

    48 R.N.-B.(2e) 45; 126 A.P.R. 45

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Gerald J. Ryan Company Limited v. Minister of Transportation

(194/82/CA)

Indexed As: Gerald J. Ryan Co. v. Minister of Transportation (N.B.)

Répertorié: Gerald J. Ryan Co. v. Minister of Transportation (N.B.)

New Brunswick Court of Appeal

Hughes, C.J.N.B., Stratton and Angers, JJ.A.

June 14, 1983.

Summary:

Résumé:

A landowner applied to the Property Compensation Board for compensation after a portion of his land was expropriated for a highway. The Board refused to award the landowner compensation for injurious affection. The landowner appealed.

The New Brunswick Court of Appeal allowed the appeal and remitted the matter back to the Board for determination of the value of the injurious affection.

Expropriation - Topic 188

Right to compensation - Injurious affection - Severance resulting in restriction of access - The province expropriated land for a highway, severing the applicant's property into parcels, with no direct access between the two - The Property Compensation Board refused to award compensation for injurious affection because of testimony that an access road would be built - The New Brunswick Court of Appeal allowed the applicant's appeal and remitted the matter of quantum of compensation back to the Board - See paragraphs 4 to 6.

Expropriation - Topic 1200

Measure of compensation - Injurious affection - General - The province expropriated land for a highway, thereby severing the applicant's property into two pieces - There would be no direct access between the two pieces - The Property Compensation Board refused to award compensation for injurious affection because of testimony that a parallel access road would be constructed - The New Brunswick Court of Appeal held that the Board erred in failing to set a value for the applicant's injurious affection - The court remitted the matter to the Board for determination of the quantum of compensation - See paragraphs 4 to 6.

Expropriation - Topic 2207

Practice and procedure - Appeals - Scope of appeal by courts of decisions of boards - The New Brunswick Court of Appeal allowed an appeal from a decision of the Property Compensation Board, where the Board committed an error in law in failing to value the amount of injurious affection suffered by the owner of the expropriated land - The court remitted the matter to the Board for determination - See paragraphs 4 to 6.

Cases Noticed:

Charland v. R. (1887), 1 Ex. C.R. 291, affd. 16 S.C.R. 721, refd to. [para. 7].

Re Interprovincial Pipe Line Company et al., [1955] O.W.N. 301, refd to. [para. 7].

Carvell v. Minister of Highways (1975), 11 N.B.R.(2d) 398; 7 A.P.R. 398, refd to. [para. 7].

Statutes Noticed:

Expropriation Act, R.S.N.B. 1973, c. E-14, sect. 36 [para. 8]; sect. 48 [para. 4].

Counsel:

Terrence L.S. Teed, for the appellant;

Cedric Haines, for the respondent.

This appeal was heard before Hughes, C.J.N.B., Stratton and Angers, JJ.A., of the New Brunswick Court of Appeal, on May 19, 1983. The decision of the Court of Appeal was delivered by Angers, J.A., on June 14, 1983.