78 EXCHEQUER COURT REPORTS. [VOL. XVIII. 1916 HIS MAJESTY THE KING, ON THE INFORMATION April 22. OF THE ATTORNEY-GENERAL OF CANADA, PLAINTIFF, AND WILBROD and GEORGE JALBERT, DEFENDANTS, AND THE QUEBEC HARBOUR COMMISSIONERS, ADDED DEFENDANTS. Expropriation—Compensation --Interference with business — Oood-wiL In awarding compensation for the compulsory taking of land by the Crown, a fair allowance will be made in respect of the interference with the owner's business as a going concern, small as the good-will of such business may be. i NFORMATION for the vesting of land and compensation therefor in an expropriation by the Crown. Tried before the Honourable Mr. Justice Audette, at Quebec, December 1, 2, 3, 1915. G. F. Gibsone, K.C., and A. C. Dobell, for plaintiff. G. G. Stuart, K.C., for defendants. AUDETTE, J. (April 22, 1916) delivered judgment. This is an information exhibited by the Attorney-General of Canada, whereby it appears, inter alfa, that certain lands, belonging to the defendants, were-taken and expropriated, under the authority of •3 Ed. VII., ch. 71, for the purpose of the National
VOL. XVIII.] EXCHEQUER COURT REPORTS. Transcontinental Railway, a public work of Canada, by depositing a plan and description of 'the same, on November 8th, 1913, with the Registrar of Deeds of the Registration Division of Quebec. While the plan and description were deposited on l November 8th, 1913,, the Crown took possession on October 26th, 1913. The defendants' title is admitted. The Crown by' the information, offers the sum of $21,757.75 for the lands taken, and the defendants claim the sum of $55,827. This property,- situate on Champlain Street, in the City of Quebec, is composed of a building on that street, an extension and another building at the back. All of them were built many years ago, and referred to and valued in detail by the witnesses for • the respective parties. There is also • on the waterfront 716 cubic yards of .wharf. The defendants at-the date of the 'expropriation were . carrying\ junk business in engines, etc., and used the wharf for the purposes of that trade and rented the house on Champlain Street. The access from Champlain ,Street to the wharf is somewhat disadvantageous in that it is through a narrow porch and upon land sloping at a considerable degree, making.. the approach to the whaif a detriment to the value of the water-front. The only question involved in this case is that of •t he amount of the compensation to be paid the de-, fendants; but to the value of the land and real property so taken there should be added a fair allowance made in respect of the interference with the defendants' business, AS a going concern, small as the good-will of such a business might be, The King v. 79 1 916 RtN4 JAL UREI AND Q U EBEC HARBOUR CoM-'' missxoNERs. J e u usv dgm s e fox. nt. on a
80 EXCHEQUER COURT REPORTS. [VOL. XVIII. 1.516 Rogers,' The King v. Condon,' The King v. Court- TIIE KING s V. ney, JAI-BERT AND QUEBEC HARBOUR CO î- I have had the advantage, accompanied by the MISSIONERS. counsel for the respective parties herein, of visiting Reasons for Judgment. and viewing the premises in question—and giving due consideration to the evidence and all circumstances of the case, I have come to the conclusion to fix the compensation as follows, viz.: . For the land taken, including the wharf in its state of repairs $12,000 For the buildings 12,000 For the interference with the defendants' business, a going concern at the date of the expropriation, interference with the.goodwill and for all riparian rights vested in the owners of the present property, the sum of 2,000 $26,000 To which should be added 10 per cent. .... 2,600 for the compulsory taking, and all other incidental expenses to the expropriation, such as moving out, etc. $28,600 Therefore, there will be judgment as follows, viz.: 1st. The lands and real property expropriated herein are declared vested in the Crown as of Octo-ber 26th, 1913. 2nd. The compensation for the land and real property so taken, and for all damages resulting from 11 Can. Ex. 182. 2 12 Can. Ex. 276. a 16 Can. Ex. 461, 27 D.L.R. 247. ~— -Vow- -
VOL.. XVIII.] EXCHEQUER COURT REPORTS:. the expropriation, is hereby fixed $28,600, with interest thereon from October 26th, 1613, to the date hereof. 3rd. The defendants, Wilbrod and George Jalbert, =SS=o~$RS. . are entitled to recover from and be paid by the Crown the said sum of $28,600, with interest as above mentioned, upon giving to the Crown a good and sufficient title, free from all hypothecs, mortgages, charges or encumbrances whatsoever upon the said property. 4th. The said defendants are also entitled to their costs. ' Judgment accordingly. Solicitors for plaintiff : Gibsone & Dobell. Solicitors for defendants : Pentland, Stuart & Co. 81 . at the sum of. 91 , THE t ING TALB ERT AND ToEC H ARBOUR Co M - Reasons for
You are being directed to the most recent version of the statute which may not be the version considered at the time of the judgment.