City of Edmonton v. Walter Woods Ltd.
Court headnote
City of Edmonton v. Walter Woods Ltd. Collection Supreme Court Judgments Date 1964-02-17 Report [1964] SCR 250 Judges Cartwright, John Robert; Martland, Ronald; Ritchie, Roland Almon; Hall, Emmett Matthew; Spence, Wishart Flett On appeal from Alberta Subjects Municipal law Decision Content 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 Division1, 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…
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City of Edmonton v. Walter Woods Ltd. Collection Supreme Court Judgments Date 1964-02-17 Report [1964] SCR 250 Judges Cartwright, John Robert; Martland, Ronald; Ritchie, Roland Almon; Hall, Emmett Matthew; Spence, Wishart Flett On appeal from Alberta Subjects Municipal law Decision Content 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 Division1, 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. 1 (1963), 42 W.W.R. 370, 39 D.L.R. (2d) 167.
Source: decisions.scc-csc.ca