Canadian Provincial Power Co. Ltd. v. The Nova Scotia Power Commission

Canadian Provincial Power Co. Ltd. v. The Nova Scotia Power Commission

The jury verdict was set aside and a new trial ordered because the trial judge failed to give adequate directions about the statutory regime (Nova Scotia Water Act and Power Commission Act), the effect of Crown vesting of water rights and Governor in Council discretion on the land’s special value for power, and the actual circumstances and market at the time of expropriation; appellant’s claimed special adaptability depended on discretionary authorization which was not proven, and there was no evidence of increased agricultural or other non-power value.

Citation
[1928] SCR 586
Parties
Appellant (plaintiff): Canadian Provincial Power Company Limited; Respondent (defendant): The Nova Scotia Power Commission
Court
Supreme Court of Canada
Jurisdiction
Canada
Judgment Date
2 October 1928
Procedural Posture
Expropriation/compensation Appeal / Final Decision on Appeal to Supreme Court of Canada (judgment)
Outcome
Appeal dismissed with costs; judgment of Supreme Court of Nova Scotia en banc setting aside jury verdict and ordering a new trial affirmed
Legal Topics
Water Rights, Compensation for Expropriation, Governor in Council Authorizations, Power Commission Powers, Jury Direction, Measure of Damages
Source Language
English
Public Utilities Property Law Administrative Law Statutory Interpretation Eminent Domain/expropriation Water Rights Compensation for Expropriation Governor in Council Authorizations +3 more

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Parties

Canadian Provincial Power Company Limited

Appellant (plaintiff)

The Nova Scotia Power Commission

Respondent (defendant)

Procedural Posture

Expropriation/compensation Appeal / Final Decision on Appeal to Supreme Court of Canada (judgment)

Legal Issues

  1. 1 Effect of Nova Scotia Water Act on riparian and water-use rights
  2. 2 Whether appellant had a transferable/heritable right to use/divert water that would give land special value
  3. 3 Whether jury was properly instructed on statutory regime and facts at time of expropriation

Ratio Decidendi

The jury verdict was set aside and a new trial ordered because the trial judge failed to give adequate directions about the statutory regime (Nova Scotia Water Act and Power Commission Act), the effect of Crown vesting of water rights and Governor in Council discretion on the land’s special value for power, and the actual circumstances and market at the time of expropriation; appellant’s claimed special adaptability depended on discretionary authorization which was not proven, and there was no evidence of increased agricultural or other non-power value.

Court Disposition

Appeal dismissed with costs; judgment of Supreme Court of Nova Scotia en banc setting aside jury verdict and ordering a new trial affirmed

Orders

  • Appeal dismissed with costs
  • Order of Supreme Court of Nova Scotia en banc setting aside jury verdict and directing a new trial affirmed