Arpro Developments Ltd. v. The Queen in Right of British Columbia
Court headnote
Arpro Developments Ltd. v. The Queen in Right of British Columbia Collection Supreme Court Judgments Date 1978-06-08 Report [1978] 2 SCR 718 Judges Spence, Wishart Flett; Pigeon, Louis-Philippe; Dickson, Robert George Brian; Beetz, Jean; Pratte, Yves On appeal from British Columbia Subjects Expropriation Decision Content Supreme Court of Canada Arpro Developments Ltd. v. The Queen in Right of British Columbia, [1978] 2 S.C.R. 718 Date: 1978-06-08 Arpro Developments Ltd. Appellant; and Her Majesty The Queen in Right of the Province of British Columbia Respondent. 1978: June 8. Present: Spence, Pigeon, Dickson, Beetz and Pratte JJ. ON APPEAL FROM THE COURT OF APPEAL FOR BRITISH COLUMBIA Compensation—Expropriation of land developer’s property—Large development planned by owner—Test for determining whether “special value” should be awarded as part of the compensation. APPEAL from a judgment of the Court of Appeal for British Columbia[1] dismissing, subject to a variation, an appeal from a judgment of Munroe J., who on the application of each of the parties to set aside or remit the award of an arbitration board, remitted the award. Appeal dismissed. D.W. Shaw, for the appellant. J. Laxton and D. Maas, for the respondent. The judgment of the Court was delivered orally by SPENCE J.—It is not necessary to hear further from you, Mr. Laxton and Mr. Maas. We are all of the opinion that the appeal should be dismissed with costs. We are also of the opinion that the direction to the arbit…
Full judgment (source text)
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Arpro Developments Ltd. v. The Queen in Right of British Columbia Collection Supreme Court Judgments Date 1978-06-08 Report [1978] 2 SCR 718 Judges Spence, Wishart Flett; Pigeon, Louis-Philippe; Dickson, Robert George Brian; Beetz, Jean; Pratte, Yves On appeal from British Columbia Subjects Expropriation Decision Content Supreme Court of Canada Arpro Developments Ltd. v. The Queen in Right of British Columbia, [1978] 2 S.C.R. 718 Date: 1978-06-08 Arpro Developments Ltd. Appellant; and Her Majesty The Queen in Right of the Province of British Columbia Respondent. 1978: June 8. Present: Spence, Pigeon, Dickson, Beetz and Pratte JJ. ON APPEAL FROM THE COURT OF APPEAL FOR BRITISH COLUMBIA Compensation—Expropriation of land developer’s property—Large development planned by owner—Test for determining whether “special value” should be awarded as part of the compensation. APPEAL from a judgment of the Court of Appeal for British Columbia[1] dismissing, subject to a variation, an appeal from a judgment of Munroe J., who on the application of each of the parties to set aside or remit the award of an arbitration board, remitted the award. Appeal dismissed. D.W. Shaw, for the appellant. J. Laxton and D. Maas, for the respondent. The judgment of the Court was delivered orally by SPENCE J.—It is not necessary to hear further from you, Mr. Laxton and Mr. Maas. We are all of the opinion that the appeal should be dismissed with costs. We are also of the opinion that the direction to the arbitrators in respect to the subject-matter of this appeal should be: In order to receive any special value the onus is on Arpro to prove that its property, because of circumstances peculiar to Arpro, had more value to Arpro than it would have had to another competent and knowledgeable developer putting the property to similar use. Judgment accordingly. Solicitors for the appellant: Davis & Co., Vancouver. Solicitors for the respondent: Laxton & Co., Vancouver. [1] (1977), 5 B.C.L.R. 184.
Source: decisions.scc-csc.ca