Canlii Damages – Environmental damages to public lands – Compensation – Forest fire – Valuation of loss of harvestable trees, and of non-harvestable trees in environmentally sensitive areas – Appropriate basis to calculate compensation – Province suing for compensation logging company responsible for fire – Whether Province can sue not only as ordinary landowner but also as parens patriae – Whether Comparative Value Pricing system can be taken into account to reduce compensation – Whether Province entitled to ‘auction value’ of harvestable trees – Whether Province entitled to commercial value of non-harvestable trees plus a premium for environmental value – Whether common law provides for environmental damages.
Judges:
McLachlin C.J. and Iacobucci, Major, Bastarache, Binnie, Arbour, LeBel, Deschamps and Fish JJ
Citations:
[2004] 2 SCR 74, 240 DLR (4th) 1, 2004 SCC 38, 321 NR 1, [2004] 9 WWR 1, 28 BCLR (4th) 195, 198 BCAC 1, 8 CELR (NS) (3d) 1
Links:
Jurisdiction:
Canada
Cited by:
Cited – Revenue and Customs v The Investment Trust Companies SC 11-Apr-2017
Certain investment trust companies (ITCs) sought refunds of VAT paid on the supply of investment management services. EU law however clarified that they were not due. Refunds were restricted by the Commissioners both as to the amounts and limitation . .
Lists of cited by and citing cases may be incomplete.
Equity
Updated: 28 July 2022; Ref: scu.640904