Westphal Estates Ltd., Re, (1974) 16 N.S.R.(2d) 53 (TD)

• Judge: MacIntosh, J.
• Court: Supreme Court of Nova Scotia (Canada)
• Case Date: September 11, 1974
• Jurisdiction: Nova Scotia
• Citations: (1974), 16 N.S.R.(2d) 53 (TD)

Westphal Estates Ltd., Re (1974), 16 N.S.R.(2d) 53 (TD);

    16 A.P.R. 53

MLB headnote and full text

Re Westphal Estates Ltd.

Indexed As: Westphal Estates Ltd., Re

Nova Scotia Supreme Court

Trial Division

MacIntosh, J.

September 26, 1974.

Summary:

This case arose out of the applicant's claim for compensation for land expropriated by the Province of Nova Scotia. The Province expropriated 943 acres of land, including 42.8 acres of the applicant's undeveloped land, on the outskirts of the City of Dartmouth as a land assembly scheme for the Nova Scotia Housing Commission. The applicant made an application to the Nova Scotia Supreme Court for compensation. The Supreme Court valued the applicant's land at $128,400 at $3,000 an acre. The Supreme Court found that the highest and best use of the land taken was development for residential or town house lots.

Expropriation - Topic 1130

Compensation - Measure of compensation - Potential value - Determination of present value of undeveloped land taking into consideration the potential use of the land for development into residential or town house lots - The Nova Scotia Supreme Court, Trial Division, reviewed the principles of determining the measure of compensation and awarded $3,000 per acre for land taken - See paragraphs 5 to 8.

Expropriation - Topic 1132

Compensation - Measure of compensation - Potential value of land taken - Events subsequent to expropriation - Lands in the area of expropriated lands increased in value after the expropriation, because of government financed servicing - The Nova Scotia Supreme Court, Trial Division, held that the probability or possibility of such a development at the time of the expropriation was a factor to be considered in determining compensation - See paragraphs 12 and 13.

Expropriation - Topic 3004

Compensation award - Undeveloped subdivision land - The Province of Nova Scotia expropriated 943 acres of land on the outskirts of the City of Dartmouth, including 42.8 Acres of undeveloped land owned by the applicant - The Nova Scotia Supreme Court, Trial Division, found that the highest and best use for the land was development for residential or town house lots - The Supreme Court awarded the owner $128,400 for land taken at $3,000 an acre - See paragraphs 5 to 33.

Cases Noticed:

City of Halifax v. Bauditz (1971), 2 N.S.R.(2d) 680; 14 D.L.R.(3d) 257, appld. [para. 6].

POW Investments Ltd. v. Province of Nova Scotia (1973), 5 N.S.R.(2d) 121, appld. [para. 7].

Re Valley Improvement Co. Ltd. and Metropolitan Toronto & Region Conservation Authority, [1965] 2 0.R. 587, appld. [para. 13].

Board of Education for Township of North York v. Village Developments Limited, [1956] S.C.R. 539; 3 D.L.R.(2d) 161; 74 C.R.T.C. 16, appld. [para. 14].

Statutes Noticed:

Expropriation Act, R.S.N.S. 1967, c. 96, sect. 11 [para. 5].

Counsel:

H.F. Jackson, Q.C., for Westphal Estates Limited;

F.E. Clark, for Province of Nova Scotia.

This case was heard at Halifax, Nova Scotia, on April 1, 3, 4, 5, July 17, 18 and September 11, 1974, before MacINTOSH, J., of the Nova Scotia Supreme Court, Trial Division. On September 26, 1974, MacINTOSH, J., delivered the following judgment: