Kalinin v. Metro. Toronto

Kalinin v. Metro. Toronto

Appeal allowed in part: the Court disallowed the 10% price increase and specified certain items (lights/crane/launching device and part of boat storage) were not compensable; the controlling rule on interest in the transitional context is s.8(3) of the Expropriation Procedures Act so interest is payable from the date of registration/expropriation at the rate in force when compensation was fixed (s.14(1) 5% per annum), with small items to bear interest at 6% from the date of award; Court of Appeal judgment affirmed except as to the date from which interest is calculated (Judson J. dissenting in part).

Citation
[1972] SCR 564
Parties
Appellant/claimant: Peter Kalinin; Respondent/contestant: Municipality of Metropolitan Toronto
Court
Supreme Court of Canada
Jurisdiction
Canada
Judgment Date
20 December 1971
Procedural Posture
Expropriation / Appeal to Supreme Court of Canada (on Appeal From the Court of Appeal for Ontario)
Outcome
Appeal allowed in part; Court varied arbitrator's award by disallowing specified items and adjusted the date and rate of interest; costs to appellant in this Court
Legal Topics
Compensation Calculation, Interest on Compensation, Transitional Statutory Provisions, Effect of Failure to Make Offer Within Statutory Time
Source Language
English
Expropriation Property Law Statutory Interpretation Compensation Calculation Interest on Compensation Transitional Statutory Provisions Effect of Failure to Make Offer Within Statutory Time

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Parties

Peter Kalinin

Appellant/claimant

Municipality of Metropolitan Toronto

Respondent/contestant

Procedural Posture

Expropriation / Appeal to Supreme Court of Canada (on Appeal From the Court of Appeal for Ontario)

Legal Issues

  1. 1 Whether additional compensation for increase in market value between date of expropriation and date of arbitration is allowable
  2. 2 Whether interest on compensation is payable from date of expropriation/registration of plan or from date owner ceased to reside on or make productive use of the lands
  3. 3 Which statutory provision (Expropriation Procedures Act s.8(3)/s.14(1) or Expropriations Act s.34(1)) governs interest in the transitional context

Ratio Decidendi

Appeal allowed in part: the Court disallowed the 10% price increase and specified certain items (lights/crane/launching device and part of boat storage) were not compensable; the controlling rule on interest in the transitional context is s.8(3) of the Expropriation Procedures Act so interest is payable from the date of registration/expropriation at the rate in force when compensation was fixed (s.14(1) 5% per annum), with small items to bear interest at 6% from the date of award; Court of Appeal judgment affirmed except as to the date from which interest is calculated (Judson J. dissenting in part).

Court Disposition

Appeal allowed in part; Court varied arbitrator's award by disallowing specified items and adjusted the date and rate of interest; costs to appellant in this Court

Orders

  • Appeal allowed in part with costs to the appellant
  • Disallow $2,600 allowance for 10% price increase to 1967 from the award