Stuart v. The King

Stuart v. The King

Payment by the Crown to discharge a mortgage on certain lots satisfies claims of the mortgagee for those mortgaged lots but cannot be applied toward compensation for a separately owned lot not covered by that mortgage (lot 149); matter remitted to Exchequer Court to determine compensation for lot 149.

Citation
[1926] SCR 284
Parties
Appellant/defendant: Roland Stuart; Respondent/plaintiff: His Majesty The King
Court
Supreme Court of Canada
Jurisdiction
Canada
Judgment Date
5 February 1926
Procedural Posture
Expropriation Appeal to Supreme Court of Canada / On Appeal From the Exchequer Court of Canada
Outcome
Appeal allowed in part; remitted to the Exchequer Court to determine compensation for lot 149; no costs of this appeal ordered.
Legal Topics
Compensation, Mortgage Payment, Statutory Procedure, Valuation, Compulsory Taking
Source Language
English
Expropriation Property Law Administrative Law Compensation Mortgage Payment Statutory Procedure Valuation Compulsory Taking

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Parties

Roland Stuart

Appellant/defendant

His Majesty The King

Respondent/plaintiff

Procedural Posture

Expropriation Appeal to Supreme Court of Canada / On Appeal From the Exchequer Court of Canada

Legal Issues

  1. 1 Whether payment by the Crown to a mortgagee can be applied as compensation for a separately owned lot not covered by that mortgage
  2. 2 Whether the Crown's advance payment of the amount it tendered discharged the owner's claim for part of the compensation
  3. 3 Whether trial valuation of the property should be disturbed on appeal

Ratio Decidendi

Payment by the Crown to discharge a mortgage on certain lots satisfies claims of the mortgagee for those mortgaged lots but cannot be applied toward compensation for a separately owned lot not covered by that mortgage (lot 149); matter remitted to Exchequer Court to determine compensation for lot 149.

Court Disposition

Appeal allowed in part; remitted to the Exchequer Court to determine compensation for lot 149; no costs of this appeal ordered.

Orders

  • Appeal allowed in part and action remitted to the Exchequer Court to determine amount of compensation payable in respect of lot 149.
  • No order as to costs of the appeal; costs of proceedings in the Exchequer Court to be in the discretion of the judge.