Hyperlawhypertext legal database Arpro Developments Ltd. v. The Queen in Right of British Columbia [1978] 2 SCR 718

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Arpro Developments Ltd. v. The Queen in Right of British Columbia

[1978] 2 SCR 718 Court SCC Decision date 1978-06-08 English

PartiesArpro Developments Ltd. Appellant·Her Majesty The Queen in Right of the Province of British Columbia Respondent

Counsel (4)
D.W. Shaw, for the appellant.
J. Laxton and D. Maas, for the respondent.
Solicitors for the appellant: Davis & Co., Vancouver.
Solicitors for the respondent: Laxton & Co., Vancouver.

Judges Spence, Wishart Flett; Pigeon, Louis-Philippe; Dickson, Robert George Brian; Beetz, Jean; Pratte, Yves

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

On appeal from British Columbia

Subjects Expropriation

Contents

Majority

The judgment of the Court was delivered orally by

SPENCE J.

SPENCE J.—It is not necessary to hear further from you, Mr. Laxton and Mr. Maas. We are all of the opinion that the appeal should be dismissed with costs. We are also of the opinion that the direction to the arbitrators in respect to the subject-matter of this appeal should be:
In order to receive any special value the onus is on Arpro to prove that its property, because of circumstances peculiar to Arpro, had more value to Arpro than it would have had to another competent and knowledgeable developer putting the property to similar use.
Judgment accordingly.
Solicitors for the appellant: Davis & Co., Vancouver.
Solicitors for the respondent: Laxton & Co., Vancouver.

Footnotes

  1. [1] (1977), 5 B.C.L.R. 184.