Lemoine v. City of Montreal / Allan v. City of Montreal

Lemoine v. City of Montreal / Allan v. City of Montreal

Appeals dismissed: the court held that on questions of value an appellate tribunal must defer to the arbitrators' award unless there is overwhelming evidence of error or a wrong principle, and the record did not show such an error in either case so the awards must stand.

Citation
(1894) 23 SCR 390
Parties
Appellants: Oscar Guyon dit Lemoine et al.; Appellants: Andrew Allan et al.; Respondents: The Mayor &c., of the City of Montreal
Court
Supreme Court of Canada
Jurisdiction
Canada
Judgment Date
31 May 1894
Procedural Posture
Expropriation / Appeal to the Supreme Court of Canada From the Court of Queen's Bench for Lower Canada (appeal Side)
Outcome
Appeals dismissed with costs.
Legal Topics
Compensation, Arbitration Awards, Judicial Review, Valuation
Source Language
English
Expropriation Property Law Civil Procedure Administrative Law Compensation Arbitration Awards Judicial Review Valuation

Case Brief

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Parties

Oscar Guyon dit Lemoine et al.

Appellants

Andrew Allan et al.

Appellants

The Mayor &c., of the City of Montreal

Respondents

Procedural Posture

Expropriation / Appeal to the Supreme Court of Canada From the Court of Queen's Bench for Lower Canada (appeal Side)

Legal Issues

  1. 1 Whether an appellate court may increase or disturb an arbitrators' award of compensation under s.7 of 35 Vic. ch. 32 (P.Q.)
  2. 2 Standard of review for valuation determinations made by arbitrators/commissioners
  3. 3 Whether there was such a plain and decided preponderance of evidence or a wrong principle to justify augmentation of the award

Ratio Decidendi

Appeals dismissed: the court held that on questions of value an appellate tribunal must defer to the arbitrators' award unless there is overwhelming evidence of error or a wrong principle, and the record did not show such an error in either case so the awards must stand.

Court Disposition

Appeals dismissed with costs.

Orders

  • Appeals dismissed with costs.