What is the test for damages under the expropriation statute?

Alberta, Canada


The following excerpt is from Malmberg v. Cards ton (Municipal District), 1997 ABCA 333 (CanLII):

The issue before this court is one of causation and remoteness of damages. Disturbance compensation must be paid for all reasonable costs and expenses that are “the natural and reasonable consequences of the expropriation”. An expropriation statute is remedial legislation enacted for the specific purpose of adequately compensating those whose lands are taken to serve the public interest. As such, it should be given a liberal interpretation consistent with that goal (see: Toronto Area Transit Operating Authority v. Dell Holdings Ltd., [1977] S.C.J. No. 6).

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