Supreme Court of Canada
Eastern Canada Shipping Ltd., v. R., [1974] S.C.R. 824
Date: 1972-11-06
Eastern Canada Shipping Ltd. Appellant;
and
Her Majesty the Queen Respondent.
1972: October 30; 1972: November 6.
Present: Fauteux C.J. and Abbott, Judson, Ritchie and Pigeon JJ.
ON APPEAL FROM THE EXCHEQUER COURT OF CANADA
Damages—Quantum—Loss as a result of decision to close to navigation a section of canal.
APPEAL from a judgment of the Exchequer Court of Canada[1]. Appeal dismissed.
Jack Greenstein and Michel Jetté, for the appellant.
François Mercier, Q.C., for the respondent.
The judgment of the Court was delivered by
THE CHIEF JUSTICE—The subject matter of this appeal is the quantum of damages to which appellant may be entitled as a result of the decision of the Minister of Transport of Canada to close to navigation the eastern section of the Lachine Canal after February 1st, 1965. Appellant had been conducting, since 1958, what was mainly stevedoring operations along that section of the Canal on land leased from The St. Lawrence Seaway Authority. As a result of that decision, appellant had to relocate its operations in the Port of Montreal, while still using in part its facilities on the leased premises.
The trial judge awarded appellant a sum of $44,000 for the said damages, and the latter now seeks to have that amount increased.
Having heard and considered the arguments by counsel for the parties, we do not feel justified in interfering with the conclusion reached at trial with respect to the quantum, which is here a question of fact.
[Page 825]
I would, therefore, dismiss the appeal with costs.
Appeal dismissed with costs.
Solicitors for the appellant: Geoffrion & Prud’homme, Montreal.
Solicitors for the respondent: Stikeman, Elliott & Associates, Montreal.