EXPROPRIATION |
Practice |
Society Promoting Environmental Conservation v. Canada (Attorney General)
A-142-02
2002 FCA 191, Isaac J.A.
13/5/02
6 pp.
Motion for stay of operation of Trial Division order pending disposition of appeal therefrom--That order quashing, for want of jurisdiction, confirmation by Minister of Public Works and Government Services, of notice of intention to expropriate made under Expropriation Act, s. 11(1)(a)--Issue whether appellant entitled to remedy sought--Parties agreed issue governed by RJR--MacDonald Inc. v. Canada (Attorney General), [1994] 1 S.C.R. 311, wherein Court considered and applied tripartite test laid down in Manitoba (Attorney General) v. Metropolitan Stores Ltd., [1987] 1 S.C.R. 110: serious issue; irreparable harm; balance of convenience-- Motion granted--Parties agreed serious issues to be tried--On affidavit evidence, appellant would suffer irreparable harm--Balance of convenience in favour of appellant: expropriated land required for essential security, defence considerations, a constitutional responsibility of Parliament of Canada--Also affidavits containing persuasive evidence on balance of probabilities, Canada needs testing range for reasons of national security and to meet its international obligations--Expropriation Act, R.S.C., 1985, c. E-21, s. 11(1)(a).