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.).

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