Dodge v. The King

Dodge v. The King

Where bona fide market evidence (recent sales and purchase prices) establishes the market value of expropriated land and the owner has not proved fitness, use or other special circumstances to support a higher potential value, compensation must be based on that market value; expert evidence exceeding statutory limits was questioned and the referee's higher award could not stand absent proof of special value.

Citation
(1906) 38 SCR 149
Parties
Appellant / Owner of Expropriated Land: H. B. Dodge; Respondent / Crown: His Majesty The King
Court
Supreme Court of Canada
Jurisdiction
Canada
Judgment Date
15 December 1906
Procedural Posture
Expropriation / Appeal From the Exchequer Court of Canada (reference Under Exchequer Court Act S.26)
Outcome
Appeal dismissed; cross‑appeal allowed.
Legal Topics
Market Value, Potential Value (special Use), Expert Witness Limits, Reference and Appellate Review
Source Language
English
Expropriation Property Compensation Evidence Market Value Potential Value (special Use) Expert Witness Limits Reference and Appellate Review

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Parties

H. B. Dodge

Appellant / Owner of Expropriated Land

His Majesty The King

Respondent / Crown

Procedural Posture

Expropriation / Appeal From the Exchequer Court of Canada (reference Under Exchequer Court Act S.26)

Legal Issues

  1. 1 Whether compensation for expropriated land should be measured by market value or by potential value for a special use (orchard)
  2. 2 Whether the owner proved the land was fit and had been used or prepared for the special purpose claimed
  3. 3 Whether excess expert witnesses called without leave are admissible under 2 Edw. VII. ch.9 s.1

Ratio Decidendi

Where bona fide market evidence (recent sales and purchase prices) establishes the market value of expropriated land and the owner has not proved fitness, use or other special circumstances to support a higher potential value, compensation must be based on that market value; expert evidence exceeding statutory limits was questioned and the referee's higher award could not stand absent proof of special value.

Court Disposition

Appeal dismissed; cross‑appeal allowed.

Orders

  • Appeal dismissed with costs
  • Cross‑appeal allowed with costs