Saint John Priory of Canada Properties v. Saint John (City), (1972) 4 N.B.R.(2d) 344 (SCC)

• Judge: Ritchie, Hall, Spence, Pigeon and Laskin, JJ.
• Court: Supreme Court (Canada)
• Case Date: August 05, 1970
• Jurisdiction: Canada (Federal)
• Citations: (1972), 4 N.B.R.(2d) 344 (SCC);27 DLR (3d) 459;1972 CanLII 133 (SCC);4 NBR (2d) 344;[1972] SCR 746

Saint John Priory v. Saint John (1972), 4 N.B.R.(2d) 344 (SCC);

    4 R.N.-B.(2e) 344

MLB headnote and full text

Sommaire et texte intégral

St. John Priory of Canada Properties v. The City of Saint John

Indexed As: Saint John Priory of Canada Properties v. Saint John (City)

Répertorié: Saint John Priory of Canada Properties v. Saint John (City)

Supreme Court of Canada

Ritchie, Hall, Spence, Pigeon and Laskin, JJ.

March 30, 1972.

Summary:

Résumé:

The Supreme Court of Canada allowed the appeal from the New Brunswick Court of Appeal and increased the compensation award from $43,000.00 to $65,000.00 for the loss of land taken by the City of Saint John for the purpose of an urban renewal scheme. Expropriation proceedings were commenced after the City of Saint John had acquired by purchase or option all of the property it needed for the proposed City Hall Complex except for the property expropriated. The Supreme Court of Canada stated that the highest and best use of the property expropriated was as part of the City Hall Complex.

The Supreme Court of Canada held that the value of the property expropriated as part of the City Hall Complex must be taken into account in fixing the value of the property as of the date of expropriation.

Pigeon, J., dissenting, would have dismissed the appeal and stated that the owner of lands should not be able to obtain a windfall at the expense of an expropriation authority. Pigeon, J., stated that the view taken by the majority of the court would work a hardship on expropriating authorities who are obliged to publicize their plans in advance of the commencement of expropriation proceedings.

Expropriation - Topic 1011

Measure of compensation - Valuation of land, general - Value to owner, effect of plans of expropriating authority - Value of land and building expropriated by the City of Saint John for a city hall complex - Expropriation made after the City of Saint John had acquired all of the property it needed for a proposed city hall complex except the land expropriated - Supreme Court of Canada increased compensation award from $43,000.00 to $65,000.00 and stated that the value of the property expropriated as part of the city hall complex should be taken into account in fixing the value of the property.

Cases Noticed:

Diggon-Hibben Ltd. v. The King, [1949] S.C.R. 712, folld.

Fraser v. The Queen, [1963] S.C.R. 455, folld.

Irving Oil Company Ltd. v. The King, [1946] S.C.R. 551, folld.

Kraft Construction Company Ltd. v. Greater Winnipeg (October 5, 1971, not yet reported), folld.

Protestant School Commissioners of Montreal v. Royal Trust, [1965] K.B. 249, folld.

Counsel:

G.E. Beament, Q.C., and W.G. Burke-Robertson, Q.C., for the appellant;

G.T. Clarke, Q.C., and D.P. Pappas, for the respondent.

Appeal from a judgment of the New Brunswick Court of Appeal dated August 5, 1970, 3 N.B.R.(2d) 167, which allowed an appeal from a compensation award of the New Brunswick Land Compensation Board.

Ritchie, Spence and Laskin, JJ., concurred with Hall, J.