Musqueam Indian Band v. Glass
A-890-97
Desjardins J.A.
11/5/99
6 pp.
Motion for judgment-Reasons for judgment ([1999] 2 F.C. 138 (C.A.)) requested appellants to prepare draft judgment giving effect to reasons, but parties unable to agree as to calculation of servicing costs to be deducted from "current land value"-According to reasons for judgment "current land value" determined in manner indicated by Trial Judge ((1997), 137 F.T.R. 1), except that full fee simple value of bare lot should be used rather than figures reflecting 50% deduction-Draft order submitted by respondents based on Trial Judge's order to which adjustments made reflecting doubling of "current land value" in accordance with C.A.'s reasons for judgment accords with those reasons-Appellants' draft order ignores Trial Judge's findings by rearguing such servicing costs as developer's profit, financing costs, property purchase tax and property taxes during holding-Trial Judge accepted all these other costs-Respondents' draft order forming basis of Court's judgment.