southwind v canada 2019 fca 171

This includes the Ontario Divisional Court's decision from 2019. Shergar Development Inc. v. City of Windsor, 2019 ONSC 2623 (CanLII). Canada did not challenge Justice Zinn’s approach to awarding equitable compensation and bringing historical losses forward. Text of decision. The Local Planning Appeal Tribunal’s decision in Davoodian v. Dufferin Wind Power Inc. reflects the need to properly assess a claimant’s loss under the unique test for injurious affection where no land is taken. The court opined that a negotiated resolution would likely have been less detrimental to the Lac Seul First Nation. Law Firm: 6-10 Lawyers As a result of the construction of the dam and the resulting flooding, nearly one-fifth of the Lac Seul reserve was rendered unusable - the water covers approximately 17 percent of the reserve. Court All materials on application for leave submitted to the Judges, for consideration by the Court, Certificate (on limitations to public access), (Letter Form), 23B, Applicant's reply to respondent's argument, (Book Form), Certificate 23B missing (rec' 01/07/20), Completed on: 2020-02-06, Certificate (on limitations to public access), (Letter Form), 23A, Respondent's response on the application for leave to appeal, (Book Form), Completed on: 2019-10-23, Respondent's response on the application for leave to appeal, (Letter Form), Takes no position, Completed on: 2019-10-22, Respondent's response on the application for leave to appeal, (Letter Form), Takes no position, Completed on: 2019-10-18, Letter acknowledging receipt of a complete application for leave to appeal, FILE OPENED 2019/09/23, Application for leave to appeal, (Book Form), (2 volumes), Completed on: 2019-09-09. This action of the federal government constituted a breach of its fiduciary duty to the Lac Seul First Nation necessitating equitable compensation. This resulted in substantially higher compensation being paid to the landowner, and underscored the importance of cultivating a team of knowledgeable experts to advance a landowner's compensation claim. As such, the Court applied the common law as it stood in 1929. Drawing on the broader context of the Act, in particular section 2, the Court noted that the pecuniary purpose of compensation under the Expropriation Act is evident because the losses addressed by the legislation are proprietary in nature. PLEASE NOTE: A verification email will be sent to your address before you can access your trial. v. Her Majesty the Queen in Right of Canada, et al. The Quebec Court of Appeal disagreed with the trial judge regarding the extent to which, at the stage of summary dismissal, the Court must be convinced that the facts alleged lead to a conclusion of an abuse of process and ulterior motive.

Canada (Public Safety), 2018 ONCA 14, 420 D.L.R. Partner - Not to be Forgotten: Contribution in Market Value, 1125814 Ontario Limited v. Hamilton (City), 2019 CanLII 16481 (ON LPAT). Associate - The Local Planning Appeal Tribunal rejected this argument because the claimants selected their relocation property with professional assistance, including that of a professional land use planner. v. Attorney General of Canada Respondent. Under the common law, damages are not awarded for emotional upset except in cases of personal injury. 1985, c.1 (2nd Supp.)

Associate - Since the wedge was too small to develop on its own, the surplus lands were also required to develop the five new lots. The interest amount on this award was increased due to the delay in initiating the expropriation proceeding and the delivery of the appraisal and statutory offer. Since the wedge fronted the roadway, this land was necessary to provide legal access to the future residential lots.

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The claimants' expert focussed its analysis on the Kitchener-Waterloo trading area, which supported a higher level of compensation.

Lynch v. St. John's (City), 2019 NLCA 30 (CanLII). The City argued that the market value of the five lots should be apportioned on a pro rata basis according to land area. The claimants’ expert focussed its analysis on the Kitchener-Waterloo trading area, which supported a higher level of compensation. -- Select a Firm Type -- Christopher Guly, Already a subscriber? The Court found no indication in the Expropriation Act to suggest a similar exception should apply to expropriated landowners. The landowner appealed the Board's order on the basis that it did not include an award for interest and litigation costs. Faculty Member The Court determined that granting the application was appropriate since “a determination as to the operation of the legislation in respect of interim orders” would not affect the merits of the landowner’s claim for compensation. The dam was completed in 1929, after Canada, Ontario and Manitoba had signed the Lac Seul Storage Agreement.

Judgments on applications for leave to appeal are rendered by the Court, but are not necessarily unanimous. At the stage of a motion for dismissal, the Court confirmed any doubt that subsists should balance in favour of the matter proceeding to a full hearing. In particular, Canada had breached its fiduciary duty to the Lac Seul First Nation, where land within an established Treaty area was rendered unusable due to the construction and operation of a nearby … The authority also argued that compensation should not be awarded for further business losses relating to the delay between the announcement of the highway expansion and the expropriation. The Court determined that granting the application was appropriate since "a determination as to the operation of the legislation in respect of interim orders" would not affect the merits of the landowner's claim for compensation. There was a substantial, 10 year delay between the initial public information sessions for the highway expansion project and the expropriation. While the City’s stated purpose for the imposition was to reserve the land for green space, the Appellant alleged illegality, claiming that the City’s imposition of the reserve was made in bad faith for ulterior motives. The Tribunal agreed with the landowner. B E T W E E N : HENRY SOUTHWIND. 19980114. Given that we are counsel for the Appellant in the pending appeal of this decision before the Court of Appeal, we will not comment on this case, but note that much commentary is available online including the following: Divisional court Confirms Expropriation Claimants Not Immune to Interest and Costs Consequences, Ontario Court Upholds Precedent-Stetting Decision Relating to Expropriation Hearing Costs. The County of Dufferin constructed an electrical transmission line along a former railway corridor. The claimants ultimately relocated and expanded their business at another site, and advanced substantial claims for business loss and disturbance damages, which the authority opposed vigorously. The appraisers also agreed that compensation owing under the Expropriations Act for the market value of the wedge should be a portion of the market value of the five new lots. Given the unique characteristics of this case, both parcels were equally necessary to carry out the development, and the principle of contribution required that the market value of the expropriated lands be set at half the value of the proposed development. Expropriation in investor-state arbitration. In Southwind v. Canada, the Federal Court of Appeal considered principles in expropriation law when assessing a claim for equitable compensation. John S. Doherty Partner - In the 1920s, the federal government constructed a dam outside the Lac Seul First Nation reserve. Ottawa, Tristan Neill The Board disagreed, and awarded increased interest for delays that occurred before the notice of expropriation was registered. https://decisions.fct-cf.gc.ca/fc-cf/en/d/s/index.do?col=54 The Newfoundland and Labrador Court of Appeal granted the Board's application. Keep a step ahead of your key competitors and benchmark against them. In making this argument, the expropriating authority relied on Ontario-wide market statistics. Drawing on the broader context of the Act, in particular section 2, the Court noted that the pecuniary purpose of compensation under the Expropriation Act is evident because the losses addressed by the legislation are proprietary in nature. In rejecting the City’s argument, the Court observed that legislation is to be interpreted purposively, and that the purposes of the Expropriation Act and the Land Titles Act are different. | By At the stage of a motion for dismissal, the Court confirmed any doubt that subsists should balance in favour of the matter proceeding to a full hearing. The County of Dufferin constructed an electrical transmission line along a former railway corridor. Under the common law, damages are not awarded for emotional upset except in cases of personal injury. In 1998, a provincial official told the applicant that a parcel of the applicant's land may be expropriated for the highway, and that given this awareness of a prospective expropriation, the applicant's future capital costs relating to that parcel would not be compensated. The appraisers also agreed that compensation owing under the Expropriations Act for the market value of the wedge should be a portion of the market value of the five new lots. Lynch v. St. John's (City), 2019 NLCA 30 (CanLII). 1125814 Ontario Limited v. Hamilton (City), 2019 CanLII 16481 (ON LPAT).

The appellant company, Immeubles des Moulins Inc., owned a golf course in the City of Terrebonne.

Further, the Expropriation Act is a remedial statute, which must be interpreted remedially: its purpose is to compensate landowners, as defined in the Act, “when their interests are taken without their consent.” Since the Act’s definition of ‘owner’ includes any “person who is in possession or occupation of the land,” the Court found that it would have been inappropriate to adopt the City’s proposed interpretation. The Appellant relied on statements made by the Mayor, which in its opinion, signalled that the reserve was imposed pending a determination of whether private interests were interested in purchasing the golf club. This action of the federal government constituted a breach of its fiduciary duty to the Lac Seul First Nation necessitating equitable compensation. Hear directly from leading legal experts this month. During much of this period, the claimants' plan to expand its business was impeded by the looming expropriation. You can manage your communication preferences via our Preference Centre or via the unsubscribe link provided within our communications.

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