Supreme Court of Canada
Quebec Skating Club v. The King, [1932] S.C.R. 539
Date: 1932-03-01.
Quebec Skating Club
v. The King
1932: February 22; 1932: March 1.
Present:—Duff, Rinfret, Lamont, Smith and
Cannon JJ.
ON APPEAL FROM THE EXCHEQUER COURT OF CANADA
Expropriation—Market value—Title—Valus to
the owner—Servitudes
APPEAL by the defendant appellant and
cross-appeal by the plaintiff respondent from the judgment of the Exchequer
Court of Canada.
The appellant was the owner of a property in
the city of Quebec, upon which there had been a skating rink building which was
destroyed by fire. The building was not rebuilt because it was known that the
property was to be expropriated by the National Battlefields Commission for the
purposes of the National Battlefields park.
[Page 540]
Expropriation proceedings were taken and Mr.
Justice Audette in the Exchequer Court awarded the club $31,500, as the value
of the property.
The Skating Club appealed from this award,
complaining that the amount was too small, and the respondent cross-appealed,
complaining that the amount was too large.
After hearing the arguments of counsel, the
Court reserved judgment, and on a subsequent day delivered judgment dismissing
the appeal and the cross-appeal with costs.
Appeal and cross-appeal dismissed with
costs.
Louis St. Laurent, K.C., for the
appellant.
Noël Belleau, K.C., and L. E. L.
Galipeault for the respondent.
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