Greg G. Byrne, Q.C. for the Applicants.?

IN THE COURT OF QUEEN’S BENCH OF NEW BRUNSWICK

TRIAL DIVISION

JUDICIAL DISTRICT OF FREDERICTON

Citation: Rankin v. PNB - 2007 NBQB 208 Docket: F/M/97/03

F/M/115/00

Date: 20070608

IN THE MATTER OF an application for determination of the compensation payable in accordance with the Expropriation Act, chapter E-14, R.S.N.B. 1973, arising out of an expropriation carried out under the said Act.

B E T W E E N:

EDITH RANKIN,

Applicant;

- and -

PROVINCE OF NEW BRUNSWICK,

Respondent;

A N D B E T W E E N:

WILLIAM and BARBARA ROWAN,

Applicants ;

- and -

PROVINCE OF NEW BRUNSWICK,

Respondent.

Date of Hearing: February 21, 2006

Date of Decision: June 8, 2007

Before: Madam Justice Paulette C. Garnett

Appearances: Douglas A. Caldwell, Q.C. and Greg G. Byrne, Q.C. for the Applicants.

Richard Williams, Esq., for the Respondent.

D E C I S I O N

GARNETT, J.

[1] The issue before the Court is the amount of costs to which the Applicants are entitled for legal and appraisal fees as a result of application made by them under the Expropriation Act, R.S.N.B. 1973, c. E-14.

BACKGROUND

[2] In 1997, the Province expropriated land from the Applicants for the purpose of constructing a new portion of the Trans Canada Highway. Because the facts of the two matters were so similar and with the agreement of the parties, the two applications were tried at the same time.

[3] Rankin claimed $146,300 made up as follows:

I Market value of land taken $ 12,180

($3,705 per ha. x. 3.286 ha.)

II Loss in value of remaining land

A. The “brook” parcel $ 20,661

B. The south parcel $ 65,680

III Other injurious affection claims:

A. Loss in wood sales $ 9,000

(3 truckloads x $3,000)

B. Floating equipment over 30 years $ 3,578

($18,000 discounted at 8 percent)

C. Owner’s time $ 30,400

D. Long distance phone charges $ 180

E. Mileage $ 612

F. Photocopying $ 9

G. Culverts $ 3,000

H. Loss in gravel sales at $1 per cubic yard ?????

I. Survey of property line $ 1,000

Total $146,300

[4] Initially, the Province offered:

I Market value of land taken $ 5,000

($1,518 per ha. x 3.286 ha.)

II Injurious affection $ 0

Total $ 5,000

[5] I awarded: