Supreme Court of Canada
Arpro Developments Ltd. v. The Queen in Right of British Columbia, [1978] 2 S.C.R. 718
Date: 1978-06-08
Arpro Developments Ltd. Appellant;
and
Her Majesty The Queen in Right of the Province of British Columbia Respondent.
1978: June 8.
Present: Spence, Pigeon, Dickson, Beetz and Pratte JJ.
ON APPEAL FROM THE COURT OF APPEAL FOR BRITISH COLUMBIA
Compensation—Expropriation of land developer’s property—Large development planned by owner—Test for determining whether “special value” should be awarded as part of the compensation.
APPEAL from a judgment of the Court of Appeal for British Columbia[1] dismissing, subject to a variation, an appeal from a judgment of Munroe J., who on the application of each of the parties to set aside or remit the award of an arbitration board, remitted the award. Appeal dismissed.
D.W. Shaw, for the appellant.
J. Laxton and D. Maas, for the respondent.
The judgment of the Court was delivered orally by
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.