Supreme Court of Canada
The King v. Quebec Gas Co. and The Quebec Railway, Light and Heat & Power Co., (1918) 59 S.C.R. 677
Date: 1918-05-07
His Majesty The King v. The Quebec Gas Co. and The Quebec Railway, Light, Heat & Power Co.
1918: April 5, 16; 1918: May 7.
Present: Sir Charles Fitzpatrick C.J. and Davies, Idington, Anglin and Brodeur JJ.
ON APPEAL FROM THE EXCHEQUER COURT OF CANADA.
Expropriation—Compensation—Market value.
APPEAL from the judgment of the Exchequer Court of Canada, in favour of the defendants (respondents).
It is an information by the Attorney-General of Canada, whereby certain lands, belonging to the defendants, were taken and expropriated for the purposes of the National Transcontinental Railway. The Crown offered $144,400 and the defendants claimed $1,682,880.90. The Exchequer Court awarded the sum of $219,675.00, of which $32,000 represented the value of the buildings and $187,675 the value of the land at $3.00 a foot. The Crown appealed, asking that the last amount should be reduced to $2.25 and the respondent cross-appealed asking a sum of $800,000.
The Supreme Court of Canada, after argument, reserved judgment, and, at a subsequent date, rendered the following judgment: appeal dismissed with costs to the Quebec Gas Co. and no costs to the Quebec R.L.H. & P. Co., Davies and Idington JJ. dissenting; and the cross-appeal dismissed with costs.
Appeal dismissed with costs.
Cross-appeal dismissed with costs.
Gibsone K.C. for the appellant.
Lafleur K.C. and Morgan K.C. for the respondent the Quebec Gas Co.
Belley K.C. for the respondent the Quebec R.L.H. & P. Co.
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