Supreme Court of Canada
City of
Edmonton v. Walter Woods Ltd., [1964] S.C.R. 250
Date:
1964-02-17
The City of Edmonton (Defendant) Appellant;
and
Walter Woods Limited (Plaintiff) Respondent.
1964: February 14; 1964: February 17.
Present: Cartwright, Martland, Ritchie, Hall and Spence JJ.
ON APPEAL FROM THE SUPREME COURT OP ALBERTA, APPELLATE
DIVISION.
Municipal
corporations—Expropriation—Compensation—Injurious affection —Damages for loss
of business—Overpass built on street in front of plaintiff's property—No
expropriation of plaintiff's land—Claim for land injuriously affected—The City
Act, R.S.A. 1956, c. 42, ss. 303, 309, as amended by 1960
(Alta.), c. 15, ss. 12,13.
APPEAL from a judgment of the Supreme Court of Alberta,
Appellate Division,
affirming an award of compensation made by Milvain J. for injurious affection
under The City Act, R.S.A. 1955, c. 42, as amended. Appeal dismissed.
Alan F. Macdonald, Q.C., for
the defendant, appellant.
C. W. Clement, Q.C., for the plaintiff,
respondent.
At the conclusion of the hearing, the following judgment was
delivered.
The Court (orally):—We
are all of the opinion that the appeal fails. We agree with Mr. Justice
Milvain's interpretation of the relevant sections of the City Act, and
we can find no sufficient reason for interfering with the amount of
compensation which he fixed and which was confirmed by the unanimous judgment
of the Court of Appeal.
The appeal is therefore dismissed with costs.
Appeal dismissed with costs.
Solicitor for the defendant, appellant: Alan F.
Macdonald, Edmonton.
Solicitors for the plaintiff, respondent: Clement,
Parlee, Whittaker, Irving, Mustard & Rodney, Edmonton.
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