Aster Corporation v. Attorney General (Quebec) et al.

[1977] 1 SCR 40 Court SCC Decision date 1977-02-02 English

PartiesAster Corporation Appellant·Attorney General of the Province of Quebec, Minister of Roads of the Province of Quebec and Quebec Autoroutes Authority Respondents

Counsel (4)

Clermont Vermette, Q.C., and J.P. St-Onge, for the appellant.
Gustave Monette, Q.C., and Gérard Duguay, for the respondents.
Solicitors for the appellant: Riel, Vermette & Ryan, Montreal.
Solicitors for the respondents: Monette, Clerk, Michaud, Barakett, Lévesque & Guérette, Montréal.

Judges Judson, Wilfred; Pigeon, Louis-Philippe; Dickson, Robert George Brian; Beetz, Jean; de Grandpré, Louis-Philippe

Decision 4–1 Majority (4) · JUDSON J. (1)

On appeal from Quebec

Subjects Expropriation

Contents

Majority

The judgment of the Court was delivered orally by

JUDSON J.

JUDSON J.—It will not be necessary to hear you, Mr. Monette and Mr. Duguay.

We are all of the opinion that the Public Service Board was not in error in ruling that, with respect to the judgment of the Superior Court referring the case to it for the indemnity to be fixed, it had to take as valid each of the four successive expropriations made by respondents. On the other questions, we agree with the Court of Appeal in deciding that there is no reason to intervene.

The appeal is dismissed with costs.

Appeal dismissed with costs.

Solicitors for the appellant: Riel, Vermette & Ryan, Montreal.

Solicitors for the respondents: Monette, Clerk, Michaud, Barakett, Lévesque & Guérette, Montréal.