There was no basis to award compensation for lack of revenue-sharing agreement

Real Property – Expropriation - Procedure for assessing compensation

Appellant First Nations group brought action against respondent Crown, for damages from flooding of reserve. Federal Court awarded group $30 million in damages, at trial. Federal Court held that group should be compensated full market value for flooded lands. Group claimed that value of revenue-sharing agreement that federal government should have negotiated, was to be included. Alternatively, group submitted that value of flooded land should be calculated in greater amount than fixed by Federal Court. This submission was made to take into account value of flooded lands, in connection with hydroelectric generation on land. Group appealed Federal Court judgment. Appeal dismissed. There was no basis to award compensation for lack of revenue-sharing agreement. Trial judge made factual determination, as to proper amount of compensation. It was not established on evidence, that premium was to be made over and above this amount of compensation. No expert evidence was led by group, to support claim that land was undervalued.

Southwind v. Canada (2019), 2019 CarswellNat 2362, 2019 FCA 171, M. Nadon J.A., Wyman W. Webb J.A., and Mary J.L. Gleason J.A. (F.C.A.); affirmed (2017), 2017 CarswellNat 5620, 2017 CarswellNat 8273, 2017 FC 906, 2017 CF 906, Russel W. Zinn J. (F.C.).

Case Law is a weekly summary of notable civil and criminal court decisions by the Supreme Court of Canada, the Federal Court of Canada and all Ontario courts. These cases may be found online in WestlawNext Canada. To subscribe, please visit store.thomsonreuters.ca

Free newsletter

Our newsletter is FREE and keeps you up to date on all the developments in the Ontario legal community. Please enter your email address below to subscribe.

Recent articles & video

From ignored to a nation-to-nation relationship: Jason Madden’s 20 years advocating for Metis rights

Ontario Superior Court of Justice welcomes new judges Colin Stevenson and Gilead Kay

Ontario Superior Court upholds award of costs exceeding the damages in a personal injury case

Ontario Superior Court resolves estate dispute between siblings by passing over a sister as trustee

Erika Chamberlain steps down as dean of Western Law

Ont. CA orders new trial in pedestrian collision case due to unfair bad character evidence

Most Read Articles

Erika Chamberlain steps down as dean of Western Law

Ont. CA orders new trial in pedestrian collision case due to unfair bad character evidence

Ontario Superior Court of Justice welcomes new judges Colin Stevenson and Gilead Kay

From ignored to a nation-to-nation relationship: Jason Madden’s 20 years advocating for Metis rights