Land in Halifax, including a lot extending into the harbour, was expropriated for the purposes of the Intercolonial Railway. The title to the water lot was originally by grant from the Government of Nova Scotia, but no statutory authority for making such grant was produced.
The lot could have been made much more valuable by the erection of wharves and piers for which, however, as they would constitute an obstruction to navigation, a license from the Dominion Government would have to be obtained.
was tendered as the value of all the land expropriated and the owners, claiming much more, appealed from the judgment of the Exchequer Court allowing that amount. Held, Duff J. dissenting, that the owners were not entitled to compensation based on the enhanced value that could be given to the water lot by the erection of wharves and piers and the expectation that a license would be granted therefor, and if they were the amount tendered was, in the circumstances, sufficient. Quefre.
Can a Crown grant of lands made without statutory authority?
Held, per Duff J., that there was such authority in this case. Judgment of the Exchequer Court Ex. affirmed. APPEAL from a decision of the Exchequer Court of Canada (1), declaring the title to certain property of the defendants to be vested in His Majesty and the Charles Fitzpatrick C.J. and Girouard, Davies. Idington, Duff and Anglin JJ.