Milne v. Canada

canada, canadian, case law, court opinion, canlii, fca, 2026fca148, 2026 fca 148 (canlii), 2026, fca, 148, (canlii), a-223-25, 2026, property, expropriation, compensation assessment, expropriation act, r.s.c. 1985, c. e, 21 governs the amount of compensation, railway line constructed on appellant’s land, four, meter strip expropriated, noise increase described, mitigation recommended under the health canada guidelines, compensation limits affirmed, appeal dismissed without costs, property, expropriation, injurious affection, compensation for adverse effects limited to economic loss, whether compensation turns on decrease in market value of remaining lands, no evidence of loss in value attributable to roughly five decibel increase in noise, act provides narrower relief than tort damages, claim rejected, appeal dismissed without costs, property, expropriation, disturbance damages, whether appellant entitled to disturbance damages sought, betterment precludes claimed disturbance damages, act purpose not to cure deficiencies in prior mitigation efforts or enforce compliance with federal guidelines, losses must arise from the particular taking in issue, disturbance damages denied, appeal dismissed without costs, procedure, appeal, scope of remittal and pleadings, whether earlier judgment confined redetermination to monetary award and costs, r. v. sullivan, 2022 scc 19 and miller v. canada (attorney general), 2002 fca 370 applied, unpleaded matters, including expropriation act s. 36 interest and inflationary adjustments, excluded, limits enforced, appeal dismissed without costs, procedure, appeal, standard of review, housen v. nikolaisen, 2002 scc 33 applied, correctness for pure law and palpable and overriding error for factually suffused findings, whether federal court erred in law on remitted issue, invitation to reweigh expert evidence rejected, reasons intelligible and legally sufficient, appeal dismissed without costs