Brown v. Edmonton (City of)
- Citation
- [1978] 1 SCR 1020
- Status
- Judgment
- Jurisdiction
- Canada
- Court
- Supreme Court of Canada
- Decision
- 1 December 1977
- Posture
- Expropriation Appeal to Supreme Court of Canada / On Appeal From the Supreme Court of Alberta, Appellate Division
- Language
- English
More details
- Court
- Supreme Court of Canada
- Decision
- 1 December 1977
- Posture
- Expropriation Appeal to Supreme Court of Canada / On Appeal From the Supreme Court of Alberta, Appellate Division
- Language
- English
On this page
Professional case brief
Research organized from the available case record
01
Holding and result
The Appellate Division correctly dismissed the appeal because the Public Utilities Board's valuation and the $10,000 compensation award were supported by the evidence and within the Board's discretion, and thus required no intervention by the courts.
Court disposition
Appeal dismissed. No costs payable by either party.
Orders
- Appeal dismissed.
- No costs payable by either party.
02
Material facts
Parties
James Munro Brown
Appellant Counsel: J.D. Richard, Q.C.The City of Edmonton
Respondent Counsel: H.F. WilsonAmounts and remedies
- Compensation Award: CAD 10,000
03
Procedural history
Posture
Expropriation Appeal to Supreme Court of Canada / On Appeal From the Supreme Court of Alberta, Appellate Division
04
Questions and positions
Legal issues
- 01
Proper measure of compensation for residential property expropriated by a municipality
- 02
Standard of appellate review of a valuation by the Public Utilities Board
- 03
Whether the Board's valuation was supported by evidence
Party arguments
- Applicant
- Appellant argued the compensation awarded by the Public Utilities Board ($10,000) was inadequate and that the Board erred in its valuation of the expropriated residential property.
- Respondent
- Respondent maintained the Board's valuation was correct, supported by the evidence, and within the Board's discretion, and that the Appellate Division properly dismissed the appellant's challenge.
05
Court’s reasoning
Legal principles
- 01
Public Utilities Board decision and affirmed by Supreme Court of Canada in Brown v. Edmonton (1978)
Compensation for expropriation is determined by valuation of the property at the relevant date and must be supported by evidence.
- 02
Supreme Court of Canada decision in Brown v. Edmonton (1978)
An appellate court will not overturn administrative valuation findings that are supported by evidence and within the decision‑maker's discretion.
06
Ratio, limits and disposition
Ratio decidendi
The Appellate Division correctly dismissed the appeal because the Public Utilities Board's valuation and the $10,000 compensation award were supported by the evidence and within the Board's discretion, and thus required no intervention by the courts.
Court disposition
Appeal dismissed. No costs payable by either party.
- Appeal dismissed.
- No costs payable by either party.
Source and reliance status
Supreme Court of Canada · 1 December 1977
This page organises the available record for research. Confirm quotations, current status, and subsequent treatment against the official source before relying on the case.
Judgment reading view
Judgment text
The complete available source text.
Supreme Court of Canada
Judgment· 1 December 1977
Brown v. Edmonton (City of) Collection Supreme Court Judgments Date 1977-12-01 Report [1978] 1 SCR 1020 Judges Martland, Ronald; Spence, Wishart Flett; Beetz, Jean; Estey, Willard Zebedee; Pratte, Yves On appeal from Alberta Subjects Expropriation Decision Content Supreme Court of Canada Brown v. Edmonton (City of), [1978] 1 S.C.R. 1020 Date: 1977-12-01 James Munro Brown Appellant; and The City of Edmonton Respondent. 1977: December 1. Present: Martland, Spence, Beetz, Estey and Pratte JJ. ON APPEAL FROM THE SUPREME COURT OF ALBERTA, APPELLATE DIVISION Expropriation—Valuation—Residential property taken by municipality—Determination of compensation award—Applicable principles. APPEAL from an order of the Supreme Court of Alberta, Appellate Division, dismissing the appellant’s appeal from an order of the Public Utilities Board for the Province of Alberta, wherein the Board ordered the City of Edmonton to pay the appellant $10,000 in respect to certain property expropriated by the City. Appeal dismissed. J.D. Richard, Q.C., for the appellant. H.F. Wilson, for the respondent. The judgment of the Court was delivered orally by MARTLAND J.—We are all of the opinion that the Appellate Division decided properly to dismiss the appellant’s appeal from the decision of the Public Utilities Board. The appeal is dismissed. There will be no costs payable by either party. Judgment accordingly. Solicitors for the appellant: Gowling & Henderson, Ottawa. Solicitor for the respondent: H.F. Wilson, Edmonton.
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