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Hill v. Nova Scotia (Attorney General)

[1997] 1 SCR 69 Court SCC Decision date 1997-01-30 Docket 24782 English

PartiesArthur Hill and Angus Hill Appellants·The Attorney General of Nova Scotia Respondent

Judges L'Heureux-Dubé, Claire; Sopinka, John; Gonthier, Charles Doherty; Cory, Peter deCarteret; McLachlin, Beverley; Iacobucci, Frank; Major, John C.

Delivered by Cory J.

On appeal from Nova Scotia

Subjects Contract Expropriation

Contents

Cory J.

Cory J. -- In order to build a controlled access highway, the province of Nova Scotia expropriated land which bisected the Hill farm. The issue to be resolved is whether, as part of the consideration for the expropriated lands, the province granted Hill an equitable interest in those lands permitting him to move cattle and equipment back and forth across the highway.