Craft Finance Corporation v. Belle-Isle Lumber Co.

The judgment of the Court was delivered:by

AsBOrr J.: -I am in agreement with the reasons, and con- FINANCE clusions of Mr. Justice Montgomery of the Court of Queen's Bench, which were concurred in by the other Members of the Court, and I am content to adopt them. et al. I would therefore dismiss the appeal with costs.

HAROLD MUNRO .......................

APPELLANT; *May 2,3,4 AND

June28 NATIONAL CAPITAL COMMISSION .... RESPONDENT. ON APPEAL FROM THE EXCHEQUER COURT OF CANADA Constitutional law-Expropriation of land for Green Belt in National Capital area-Whether Parliament has legislative authority to do so- National Capital Act, 1958 (Can.), c. 87, a. 18(1)-B.N.A. Act, 1867- 1960, ss. 91, 92.

The National Capital Commission, with the approval of the Governor in Council, and acting under s. .13(1) of the National Capital Act, 1958 (Can.), c. 37, expropriated a farm in the township of Gloucester in the province of Ontario owned by the appellant. It was conceded that the appellant's lands were taken for the purpose of establishing the Green Belt proposed in the Master Plan (Greber) for the development of the National Capital Region. On an application before the Exchequer Court for a special case, it was directed that the following question be tried before the trial of the other questions raised in the action: "Whether, on the special case stated by the parties, the expropriation of the lands of the defendant by the National Capital Commission therein referred to is a nullity because the legislative authority of the Parliament of Canada under the British North America Act, 1867 to 1960, does not extend to authorizing the expropriation."

S.C.R.