Canada Judgment

Supreme Court of Canada

The Queen v. Robinson

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Professional case brief

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Source document

01

Holding and result

The appeal was dismissed because the evidence supported the Exchequer Court's finding that the extension of the Intercolonial Railway injuriously affected the respondent's wharf and justified the award of damages.

Court disposition

Appeal dismissed with costs

Orders

  • Appeal dismissed with costs
  • Award of damages to respondent upheld as ordered by the Exchequer Court

02

Material facts

Parties

The Queen

Appellant

Robinson

Respondent

03

Procedural history

  1. Posture

    Appeal; Torts—property Damage From Public Works / Appeal to Supreme Court After Exchequer Court Awarded Damages; Judgment on Appeal

04

Questions and positions

Legal issues

Party arguments

Applicant
The Crown challenged the Exchequer Court's finding and contended that the railway extension did not injuriously affect the wharf and that the award of damages was unsupported by the evidence.
Respondent
The respondent (suppliant) maintained that the railway extension injuriously affected his wharf and that the evidence proved loss entitling him to damages, as found by the Exchequer Court.

05

Court’s reasoning

  1. 01

    Common law; Exchequer Court decision (4 Ex. C.R. 439)

    Owner of private property is entitled to compensation when a public work injuriously affects that property.

  2. 02

    Supreme Court judgment (The Queen v. Robinson, 1895)

    An appellate court will dismiss an appeal where the lower court's factual findings on evidence are supported and the award of damages stands.

06

Ratio, limits and disposition

Ratio decidendi

The appeal was dismissed because the evidence supported the Exchequer Court's finding that the extension of the Intercolonial Railway injuriously affected the respondent's wharf and justified the award of damages.

Court disposition

Appeal dismissed with costs

  • Appeal dismissed with costs
  • Award of damages to respondent upheld as ordered by the Exchequer Court

Source and reliance status

Supreme Court of Canada · 6 May 1895

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Judgment text

The complete available source text.

Source document

Supreme Court of Canada

Judgment· 6 May 1895

(1895) 25 SCR 692

The Queen v. Robinson Collection Supreme Court Judgments Date 1895-05-06 Report (1895) 25 SCR 692 On appeal from Federal Court of Appeal Subjects Torts Decision Content Supreme Court of Canada The Queen v. Robinson (1895) 25 SCR 692 Date: 1895-05-06 The Queen v. Robinson 1895: May 6. Public work—Wharf property injuriously affected—Evidence. Appeal from a decision of the Exchequer Court of Canada[1] in favour of the suppliant awarding him damages for injury to his wharf property in St. John, N.B., by the extension of the Intercolonial Railway. The appeal was dismissed with costs after counsel for the suppliant had been heard. [1] 4 Ex. C.R. 439.

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Authorities

Authorities used by the court

Cases, legislation, regulations, and constitutional provisions identified in the available record.

4 Ex. C.R. 439

Case cited

The Queen v. Robinson, (1895) 25 SCR 692

Case cited

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