Frei v. The Queen

Frei v. The Queen

Majority: The trial judge correctly applied this Court’s authority (Woods Manufacturing), did not misapprehend material facts and reasonably found fair value to the owner at $18,250 plus 10% for compulsory taking and $2,500 for disturbance; appellate court will not disturb that factual and discretionary assessment, so the appeal is dismissed.

Citation
[1956] SCR 462
Parties
Appellant/defendant: John Frei; Respondent/plaintiff: Her Majesty The Queen
Court
Supreme Court of Canada
Jurisdiction
Canada
Judgment Date
28 March 1956
Procedural Posture
Expropriation / Appeal to the Supreme Court of Canada From the Exchequer Court of Canada
Outcome
Appeal dismissed with costs.
Legal Topics
Compensation for Compulsory Taking, Market Value Versus Value to Owner, Disturbance Damages, Replacement Value
Source Language
English
Expropriation Property Law Compensation for Compulsory Taking Market Value Versus Value to Owner Disturbance Damages Replacement Value

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Parties

John Frei

Appellant/defendant

Her Majesty The Queen

Respondent/plaintiff

Procedural Posture

Expropriation / Appeal to the Supreme Court of Canada From the Exchequer Court of Canada

Legal Issues

  1. 1 What principle governs assessment of compensation in expropriation (market value vs value to owner)
  2. 2 Whether the trial judge misapplied precedent or misapprehended material facts
  3. 3 Appropriate allowance for compulsory taking and disturbance

Ratio Decidendi

Majority: The trial judge correctly applied this Court’s authority (Woods Manufacturing), did not misapprehend material facts and reasonably found fair value to the owner at $18,250 plus 10% for compulsory taking and $2,500 for disturbance; appellate court will not disturb that factual and discretionary assessment, so the appeal is dismissed.

Court Disposition

Appeal dismissed with costs.

Orders

  • Appeal dismissed with costs.
  • Trial judgment awarding compensation of $22,575 (being $18,250 fair value, plus 10% compulsory taking and $2,500 disturbance) affirmed.