The King v. Jones

The King v. Jones

The Transcontinental Railway Act vested the located lands in the Crown but did not vest the commissioners with statutory authority to determine compensation by invoking the Railway Act; the Eastern Division is a public work within the meaning of the Expropriation Act and therefore the Exchequer Court has exclusive jurisdiction under Exchequer Court Act s.20 to adjudicate claims for compensation, so the Exchequer Court's dismissal was reversed.

Citation
(1911) 44 SCR 495
Parties
Appellant/plaintiff: His Majesty The King; Respondent/defendant: Jane Mary Jones
Court
Supreme Court of Canada
Jurisdiction
Canada
Judgment Date
2 May 1911
Procedural Posture
Expropriation / Appeal From Exchequer Court to Supreme Court of Canada
Outcome
Appeal allowed without costs; judgment of the Exchequer Court reversed; jurisdiction of the Exchequer Court affirmed.
Legal Topics
Expropriation/compensation, Jurisdiction of Exchequer Court, Interpretation of Special Railway Statute Vs Railway Act
Source Language
English
Property Law Administrative Law Public/constitutional Law Expropriation/compensation Jurisdiction of Exchequer Court Interpretation of Special Railway Statute Vs Railway Act

Case Brief

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Parties

His Majesty The King

Appellant/plaintiff

Jane Mary Jones

Respondent/defendant

Procedural Posture

Expropriation / Appeal From Exchequer Court to Supreme Court of Canada

Legal Issues

  1. 1 Whether the Transcontinental Railway Act empowered the commissioners to determine compensation for lands taken
  2. 2 Whether the land taken for the Eastern Division of the National Transcontinental Railway is a "public work" within Expropriation Act s.2(d)
  3. 3 Whether the Exchequer Court has exclusive jurisdiction under Exchequer Court Act s.20 to hear claims against the Crown for property taken

Ratio Decidendi

The Transcontinental Railway Act vested the located lands in the Crown but did not vest the commissioners with statutory authority to determine compensation by invoking the Railway Act; the Eastern Division is a public work within the meaning of the Expropriation Act and therefore the Exchequer Court has exclusive jurisdiction under Exchequer Court Act s.20 to adjudicate claims for compensation, so the Exchequer Court's dismissal was reversed.

Court Disposition

Appeal allowed without costs; judgment of the Exchequer Court reversed; jurisdiction of the Exchequer Court affirmed.

Orders

  • Appeal allowed without costs
  • Judgment of the Exchequer Court (13 Ex. C.R. 171) reversed