Calgary and Edmonton Railway Co. v. Saskatchewan Land and Homestead Co.

Calgary and Edmonton Railway Co. v. Saskatchewan Land and Homestead Co.

Section 199 of the Railway Act, properly construed, creates a statutory debt: costs 'shall be borne by the opposite party' are recoverable by action and are not limited to the amount of the compensation; furthermore, the judge taxing such costs acts as persona designata and his taxation is not an appealable decision, so the appellant may recover taxed costs exceeding the award.

Citation
(1919) 59 SCR 567
Parties
Plaintiff/appellant: Calgary and Edmonton Railway Co.; Defendant/respondent: Saskatchewan Land and Homestead Co.
Court
Supreme Court of Canada
Jurisdiction
Canada
Judgment Date
10 November 1919
Procedural Posture
Appeal / Final Appeal to Supreme Court of Canada From Appellate Division of Supreme Court of Alberta
Outcome
Appeal allowed; judgment of Appellate Division reversed; judgment of trial judge restored.
Legal Topics
Costs, Expropriation, Taxation of Costs, Persona Designata, Limitation of Liability Under Statute
Source Language
English
Transportation Property Law Arbitration Civil Procedure Statutory Interpretation Costs Expropriation Taxation of Costs +2 more

Case Brief

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Parties

Calgary and Edmonton Railway Co.

Plaintiff/appellant

Saskatchewan Land and Homestead Co.

Defendant/respondent

Procedural Posture

Appeal / Final Appeal to Supreme Court of Canada From Appellate Division of Supreme Court of Alberta

Legal Issues

  1. 1 Whether s.199 of the Railway Act creates a debt recoverable by action for taxable arbitration costs
  2. 2 Whether liability of the expropriated party for taxed arbitration costs is limited to the amount of the compensation awarded
  3. 3 Whether the judge taxing costs under s.199 acts as persona designata and whether his taxation is reviewable on appeal

Ratio Decidendi

Section 199 of the Railway Act, properly construed, creates a statutory debt: costs 'shall be borne by the opposite party' are recoverable by action and are not limited to the amount of the compensation; furthermore, the judge taxing such costs acts as persona designata and his taxation is not an appealable decision, so the appellant may recover taxed costs exceeding the award.

Court Disposition

Appeal allowed; judgment of Appellate Division reversed; judgment of trial judge restored.

Orders

  • Appeal allowed with costs
  • Judgment of the Appellate Division reversed