Nova Scotia (Attorney General) v. Butt

Nova Scotia (Attorney General) v. Butt Court Court of Appeal Date 1996-11-20 Citation 1996 NSCA 222 Docket CA 128143 Judge/Registrar/Adjudicator Clarke, Lorne O. (Honourable Chief Justice); Hart, Gordon L.S. (Honourable Justice); Matthews, Kenneth M., (Honourable Justice) Document Type Decision Decision Content C.A. No. 128143 NOVA SCOTIA COURT OF APPEAL Cite as: Nova Scotia (Attorney General) v. Butt, 1996 NSCA 222 Clarke, C.J.N.S.; Hart and Matthews, JJ.A. BETWEEN: HER MAJESTY THE QUEEN, ) John W. Traves IN THE RIGHT OF THE PROVINCE ) for the Appellant OF NOVA SCOTIA, REPRESENTED ) BY THE ATTORNEY GENERAL OF ) NOVA SCOTIA ) Appellant ) - and - ) ) David B. Ritcey, Q.C. ) Harold F. Jackson, Q.C. ) for the Respondent MARGARET and GENE BUTT ) ) Respondents ) Appeal Heard: ) November 20, 1996 ) ) ) Judgment Delivered: ) November 20, 1996 ) ) ) ) ) ) ) ) THE COURT: The appeal is dismissed, with costs, from a decision and order of the Nova Scotia Utility and Review Board, per oral reasons for judgment of Clarke, C.J.N.S.; Hart and Matthews, JJ.A. concurring. C.A. No. 128143 NOVA SCOTIA COURT OF APPEAL BETWEEN: HER MAJESTY THE QUEEN, ) IN RIGHT OF THE PROVINCE ) OF NOVA SCOTIA, REPRESENTED BY ) THE ATTORNEY GENERAL OF N.S. ) ) Appellant ) - and - ) REASONS FOR ) JUDGMENT BY MARGARET and GENE BUTT ) ) CLARKE, C.J.N.S. ) (Orally) Respondents ) ) ) ) ) ) ) The reasons for judgment of the Court were delivered orally by: CLARKE, C.J.N.S.: The respondents, Margaret Butt and Gene Butt, owned land at Glendyer in the county of Inverness, some of which was expropriated by the Crown for highway purposes on October 11, 1983. The reconstruction of the highway including a portion of Ram Hill occurred in the Spring and Summer of 1984. Pursuant to the Expropriation Act, then S.N.S. 1973, c. 7, the respondents applied to the Nova Scotia Utility and Review Board to determine the compensation to which they contended they were entitled. The Board, in its decision of April 23, 1996 and by its Order of the same date, determined the respondents are entitled to compensation for the value of the land, injurious affection, business losses, damages, interest on the principal sum at 6% from July 1, 1985, legal costs on a solicitor-client basis and certain other appraisal costs. The Board ordered compensation in the gross amount of $189,747.46 (Expropriation Act, s. 47(1)). The Crown appeals from the decision and Order of the Board. Section 30(1) of the Utility and Review Board Act, S.N.S. 1992, c. 11, provides: 30 (1) An appeal lies to the Appeal Division of the Supreme Court from an order of the Board upon any question as to its jurisdiction or upon any question of law, upon filing with the Court a notice of appeal within thirty days after the issuance of the order. (The Appeal Division of the Supreme Court is now the Nova Scotia Court of Appeal). - 2 - The jurisdiction of the Board is not an issue in this appeal. The Board made findings of fact in favour of the respondents on practically every significant issue. After a diligent examination of the extensive record, we are persuaded there is sufficient evidence to support each of them. By virtue of s. 26 of the Utility and Review Board Act such findings are "binding and conclusive". The section states: 26 The finding or determination of the Board upon a question of fact within its jurisdiction is binding and conclusive. In our opinion, the Board applied the law to the facts as found. As a result, no error in law was made by the Board and no question of law arises. The appeal is dismissed. We affirm the Order of the Board dated April 23, 1996. We award costs to the respondents to be taxed on a solicitor-client basis. C.J.N.S. Concurred in: Hart, J.A. Matthews, J.A.