southwind v canada 2019 fca 171


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The City of Hamilton expropriated a wedge shaped parcel of land that fronted a roadway. Two years ago, in Southwind v. Canada 2017 FC 906, the Federal Court awarded Lac Seul First Nation in northwestern Ontario $30 million in equitable compensation for breach of the federal... Feminism’s true ‘she-roes’ | Naomi Sayers, Halifax court to hear in-person motions for directions, Conflict brewing over whether business interruption insurance can cover pandemic-related losses, Tax reduction advantages from incorporation for self-employed, Ontario set to ease COVID-19 restrictions in modified stage 2 areas, including Toronto.

While that Act does not define ‘title,’ ‘land’ is defined to include “any estate or interest in land.” The City argued that “estate or interest in land” should be interpreted in the same manner as under the Land Titles Act, which would preclude a claim by the subtenants for their unregistered interests. F rank v. Canada (A ttorney General), 2019 SCC 1, [2019] 1 S.C.R. The appraisers also agreed that compensation owing under the Expropriations Act for the market value of the wedge should be a portion of the market value of the five new lots.

Edmonton (City) v. Business Care Corp, 2019 ABQB 724 (CanLII). -- Select a Firm Type --

Further, s. 53(4) permits the Board to raise the interest rate if "delay in determining compensation" was partly attributable to the province. — granted 04/16/2020 — Supreme Advocacy acted as agents for the Applicant. La demande d’autorisation d’appel de l’arrêt de la Cour d’appel fédérale, numéro A-337-17, 2019 CAF 171, daté du 10 juin 2019, est accueillie avec dépens suivant l’issue de la cause. This action of the federal government constituted a breach of its fiduciary duty to the Lac Seul First Nation necessitating equitable compensation.

Given that we are counsel for the Appellant in the pending appeal of this decision before the Court of Appeal, we will not comment on this case, but note that much commentary is available online including the following: Divisional court Confirms Expropriation Claimants Not Immune to Interest and Costs Consequences, Ontario Court Upholds Precedent-Stetting Decision Relating to Expropriation Hearing Costs. Under the approach adopted by Justice Zinn, calculable losses assessed at less than $50,000 in 1929 were brought forward to the present by compounding interest annually at the Indian Trust Account rate.

In the 1920s, the federal government constructed a dam outside the Lac Seul First Nation reserve. Other Government This decision identifies that the Alberta legislation offers protection to citizens with unregistered interests affected by an expropriation, and reinforces the remedial nature of expropriation legislation.

The Newfoundland and Labrador Court of Appeal granted the Board's application. Davoodian v. Dufferin Wind Power Inc., 2019 CanLII 75377 (ON LPAT). 98 DTC 6084.

Since the wedge fronted the roadway, this land was necessary to provide legal access to the future residential lots.

The province argued that this only applies to delays in the compensation proceeding itself.

Read the lower court decision from the FCA here.

The Local Planning Appeal Tribunal's decision in Davoodian v. Dufferin Wind Power Inc. reflects the need to properly assess a claimant's loss under the unique test for injurious affection where no land is taken.

Decision on the motion for leave to intervene, Br, UPON APPLICATIONS by the Attorney General of Saskatchewan; the Tseshaht Nation; the Assembly of Manitoba Chiefs; the Manitoba Keewatinowi Okimakanak Inc.; the Treaty Land Entitlement Committee of Manitoba Inc.; the Anishinabek Nation; the Wauzhushk Onigum Nation; the Big Grassy First Nation, the Onigaming First Nation, the Naotkamegwanning First Nation and the Niisaachewan First Nation (jointly); the Coalition of the Union of British Columbia Indian Chiefs, the Penticton Indian Band and the Williams Lake First Nation (jointly); the Federation of Sovereign Indigenous Nations; the Atikameksheng Anishnawbek First Nation; the Kwantlen First Nation; the Assembly of First Nations; the Assembly of First Nations Quebec-Labrador; the Grand Council Treaty #3; the Mohawk Council of Kahnawà:ke; the Elsipogtog First Nation; the Chemawawin Cree Nation; and the West Moberly First Nations for leave to intervene in the above appeal; Submission of motion for leave to intervene, 19 motions, Br, Reply to the motion for leave to intervene, (Letter Form), Completed on: 2020-10-05, Federation of Sovereign Indigenous Nations, Reply to the motion for leave to intervene, (Letter Form), Completed on: 2020-10-01, Response to the motion for leave to intervene, (Letter Form), (Elsipogtog), Completed on: 2020-09-30, Reply to the motion for leave to intervene, (Letter Form), Completed on: 2020-09-29, Response to the motion for leave to intervene, (Letter Form), Completed on: 2020-09-28, Response to the motion for leave to intervene, (Letter Form), Completed on: 2020-09-25, Motion for leave to intervene, (Book Form), Filing Fee Outstanding, Incomplete, Motion for leave to intervene, (Book Form), Filing fee Outstanding, Incomplete, Assembly of First Nations Quebec-Labrador, Motion for leave to intervene, (Book Form), Filing fee to be settled when possible, Incomplete, Motion for leave to intervene, (Book Form), Filing fee to be paid when possible, Incomplete, Coalition of the Union of British Columbia Indian Chiefs, Penticton Indian Band and Williams Lake First Nation, Big Grassy First Nation, Onigaming First Nation, Naotkamegwanning First Nation and Niisaachewan First Nation. As a result, the calculable losses became an award of close to $15 million in 2017. The dam was constructed in 1929 as part of a hydroelectric project designed to generate power for the City of Winnipeg. Associate - Gold Limited) v. Oakley, the Nova Scotia Court of Appeal clarified the meaning of "losses" that give rise to disturbance damages. This includes the Ontario Divisional Court’s decision from 2019.

[1] The issue in this appeal is whether income received by the Appellant … In particular, Canada had breached its fiduciary duty to the Lac Seul First Nation, where land within an established Treaty area was rendered unusable due to the construction and operation of a nearby … Introducing PRO ComplianceThe essential resource for in-house professionals.

Leader – National Expropriation Law Group. The City applied to the Alberta Court of Queen’s Bench for a declaration that no compensation was owed to the subtenants because their interests in the land had not been expropriated for the purposes of the Expropriation Act.

Southwind v. Canada, 2019 FCA 171 (CanLII) In Southwind v. Canada, the Federal Court of Appeal considered principles in expropriation law when assessing a claim for equitable compensation. KBCP525) imported by the respondent (Appeal No. Jamie Duong Appellants. Corporation: 6+ In-House Counsel John S. Doherty

PLEASE NOTE: A verification email will be sent to your address before you can access your trial. The appellant company, Immeubles des Moulins Inc., owned a golf course in the City of Terrebonne. In Immeubles des Moulins Inc. c. Ville de Terrebonne, the Quebec Court of Appeal reiterated the importance for decision-makers to exercise caution when faced with a motion to dismiss an appeal without holding a hearing. The Tribunal agreed with the landowner.

The court opined that a negotiated resolution would likely have been less detrimental to the Lac Seul First Nation.

The Court confirmed that compensation for the land taken must be determined based on the state of the law at the time of the taking.

Expropriation in investor-state arbitration. The Newfoundland Board of Commissioners of Public Utilities made an order for interim payment pending the final determination of compensation for land taken. They disagreed about how to apportion this value.

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