The King v. Elgin Realty Co. Ltd.

The King v. Elgin Realty Co. Ltd.

The Exchequer Court President applied correct valuation principles, properly discounted postponed value to present worth, and the award of $497,500 was supported by the evidence; additionally section 32 of the Expropriation Act entitles the owner to interest at 5% from date of taking to the date when judgment is given, which includes the date of this Court's judgment, therefore the Crown's appeal is dismissed and interest is awarded accordingly.

Citation
[1943] SCR 49
Parties
Appellant/plaintiff: His Majesty The King; Respondent/defendant: Elgin Realty Company, Limited; Respondents (liquidators): J. P. Crerar and G. W. Mcnaughton
Court
Supreme Court of Canada
Jurisdiction
Canada
Judgment Date
2 February 1943
Procedural Posture
Expropriation; Appeal to Supreme Court of Canada / Final Appeal From Exchequer Court on Valuation and Interest; Judgment Delivered
Outcome
Appeal dismissed with costs; Exchequer Court award confirmed and interest awarded to date of this Court's judgment
Legal Topics
Compensation, Interest on Compensation, Valuation (present Vs Future/postponed Value), Appellate Review of Factual Findings
Source Language
English
Expropriation Property Law Public Finance Administrative Law Compensation Interest on Compensation Valuation (present Vs Future/postponed Value) Appellate Review of Factual Findings

Case Brief

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Parties

His Majesty The King

Appellant/plaintiff

Elgin Realty Company, Limited

Respondent/defendant

J. P. Crerar and G. W. Mcnaughton

Respondents (liquidators)

Procedural Posture

Expropriation; Appeal to Supreme Court of Canada / Final Appeal From Exchequer Court on Valuation and Interest; Judgment Delivered

Legal Issues

  1. 1 Whether appellate court should disturb the trial court's award of compensation
  2. 2 Proper method for valuing expropriated land including treatment of postponed (future) value
  3. 3 Whether interest under s.32 Expropriation Act runs to date of Supreme Court judgment when appeal is pending

Ratio Decidendi

The Exchequer Court President applied correct valuation principles, properly discounted postponed value to present worth, and the award of $497,500 was supported by the evidence; additionally section 32 of the Expropriation Act entitles the owner to interest at 5% from date of taking to the date when judgment is given, which includes the date of this Court's judgment, therefore the Crown's appeal is dismissed and interest is awarded accordingly.

Court Disposition

Appeal dismissed with costs; Exchequer Court award confirmed and interest awarded to date of this Court's judgment

Orders

  • Appeal dismissed with costs
  • Award of $497,500 confirmed as full compensation for the expropriated lands