Emera Brunswick Pipeline Company Ltd. v. Sierra Supplies Ltd.

Emera Brunswick Pipeline Company Ltd. v. Sierra Supplies Ltd.

The Federal Court applied the reasonableness standard and found the PAC's determination of injurious affection was rationally supported by the evidence and permissible findings despite some errors; the court varied the monetary award to correct calculation errors and remitted the interest start date to the PAC for explicit reasoning and determination.

Citation
2018 FC 17
Parties
Appellant (respondent by Cross Appeal): Emera Brunswick Pipeline Company Ltd.; Respondent (appellant by Cross Appeal): Sierra Supplies Ltd.
Court
Federal Court
Jurisdiction
Canada
Judgment Date
9 January 2018
Procedural Posture
Appeal From Pipeline Arbitration Committee Decision Under National Energy Board Act / Final Judgment on Appeal
Outcome
Appeal granted in part and cross-appeal granted in part; PAC award varied; interest start date remitted to PAC; costs awarded to Landowner (with cross-appeal costs in the cause).
Legal Topics
Injurious Affection, Compensation Calculation, Standard of Review, Interest on Awards, Costs
Source Language
English
Administrative Law Expropriation and Compensation Energy Law Property Law Injurious Affection Compensation Calculation Standard of Review Interest on Awards +1 more

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Parties

Emera Brunswick Pipeline Company Ltd.

Appellant (respondent by Cross Appeal)

Sierra Supplies Ltd.

Respondent (appellant by Cross Appeal)

Procedural Posture

Appeal From Pipeline Arbitration Committee Decision Under National Energy Board Act / Final Judgment on Appeal

Legal Issues

  1. 1 standard of review applicable to PAC decisions
  2. 2 proper per acre valuation of land
  3. 3 existence and quantum of injurious affection

Ratio Decidendi

The Federal Court applied the reasonableness standard and found the PAC's determination of injurious affection was rationally supported by the evidence and permissible findings despite some errors; the court varied the monetary award to correct calculation errors and remitted the interest start date to the PAC for explicit reasoning and determination.

Court Disposition

Appeal granted in part and cross-appeal granted in part; PAC award varied; interest start date remitted to PAC; costs awarded to Landowner (with cross-appeal costs in the cause).

Orders

  • Total compensation award varied to $420,246.06 CAD
  • Award components: easement $251,895.60 CAD; injurious affection $266,886.68 CAD; temporary workroom $3,239.78 CAD