Côté, Brown JJ. – # I. Overview # This appeal calls upon the Court to clarify the circumstances in which state regulation of land use may effect a de facto or (as we will refer to it) “constructive” taking of private property.
The appellant, Annapolis Group Inc., contends that the respondent, Halifax Regional Municipality, improperly used its regulatory powers to effectively seize Annapolis’ land for use as a public park without compensation.
...
McLachlin C.J.C. — # 1. Introduction # Over a century ago, in 1886, the provincial Crown granted the Canadian Pacific Railway Company (”CPR”) a corridor of land for the construction of a railway line from False Creek, in the City of Vancouver (”City”), south to Steveston, on Lulu Island (named after Miss Lulu Sweet, a young actress in the first theatrical company to visit British Columbia). It is this corridor of land, now known as the “Arbutus Corridor”, that lies at the heart of this appeal.
...
Cromwell J.A. (Glube C.J.N.S. concurring) — # I. Introduction # This case involves a collision of important interests. On one side, there are the interests of the respondents in the enjoyment of their privately owned land at Kingsburg Beach. On the other is the public interest in the protection and preservation of environmentally fragile and ecologically significant beach, dune and beach ridge resources. In the background of this case is the policy issue of how minutely government may control land without buying it.
...