OAKLEY V. DDV GOLD LIMITED, 2018 NSUARB 37
This decision of the Nova Scotia Utility and Review Board is the first to consider the Expropriation Act in the context of a residential property and structure as opposed to commercially owned lands. It involved DDV Gold Limited's expropriation of Mr. Oakley's lands near Halifax, on which Mr. Oakley's home was situated, for use in a gold mine project.
DDV Gold and Mr. Oakley had a draft agreement for DDV Gold to purchase Mr. Oakley's lands in 2008, but it was never finalized. For several years, Mr. Oakley was left in limbo and did not live in his home on the understanding that DDV Gold would be purchasing it. DDV Gold eventually made an offer to purchase the land which Mr. Oakley declined. DDV Gold then applied to expropriate Mr. Oakley's land. The parties agreed on the market value of the land, but disagreed on what, if any, compensation should be awarded to Mr. Oakley for disturbance arising from the expropriation.
The Board held that mining companies authorized by the Expropriation Act are liable for all relevant compensation contemplated by the Act, and nothing in the Act supports an interpretation that mining companies should be treated differently from the Crown. Compensation for an owner's disturbance was not limited to pecuniary losses and did not require an independent actionable wrong to be awarded. In this case, Mr. Oakley was entitled to compensation because he had incurred expenses with the expectation of reaching a deal with DDV Gold. Taking into account Mr. Oakley's hardship, which was magnified by the fact that he only had one hand, the Board set compensation at the statutory maximum of 15% of the market value of his lands.
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