Marcus v. National Capital Commission

Marcus v. National Capital Commission

The trial judge, properly exercising his fact‑finding role, was entitled to reject the expert estimates and, based on lack of evidence of immediate demand, fix market value at the amount a speculator would pay for holding and resale; that valuation of $30,000 was adequate and the appeal was dismissed.

Citation
[1970] SCR 39
Parties
Defendant Appellant: Benjamin Marcus (in trust); Plaintiff Respondent: National Capital Commission
Court
Supreme Court of Canada
Jurisdiction
Canada
Judgment Date
7 October 1969
Procedural Posture
Expropriation / Appeal to Supreme Court of Canada (from Exchequer Court)
Outcome
Appeal dismissed with costs
Legal Topics
Market Value, Valuation of Expropriated Land, Green Belt Plan Impact on Value, Expert Witness Credibility, Compensation
Source Language
English
Expropriation Property Law Administrative Law Market Value Valuation of Expropriated Land Green Belt Plan Impact on Value Expert Witness Credibility Compensation

Case Brief

Summary, issues, holding and outcome

More case intelligence is available

Unlock the full research layer for this judgment.

Full judgment text Legal principles 3 Authorities cited 2 Party arguments 2 Amounts and remedies 6
Sign in to unlock

Parties

Benjamin Marcus (in trust)

Defendant Appellant

National Capital Commission

Plaintiff Respondent

Procedural Posture

Expropriation / Appeal to Supreme Court of Canada (from Exchequer Court)

Legal Issues

  1. 1 What was the market value of the land at time of expropriation
  2. 2 Whether the trial judge could reject expert valuation evidence
  3. 3 Whether diminution in value caused by the Green Belt plan must be disregarded in valuing expropriated land

Ratio Decidendi

The trial judge, properly exercising his fact‑finding role, was entitled to reject the expert estimates and, based on lack of evidence of immediate demand, fix market value at the amount a speculator would pay for holding and resale; that valuation of $30,000 was adequate and the appeal was dismissed.

Court Disposition

Appeal dismissed with costs

Orders

  • Compensation affirmed at $30,000 (as fixed by the Exchequer Court)
  • Appeal dismissed with costs