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The Expropriation Validation Act

R.S.M. 1990, c. 239

The Expropriation Validation Act

WHEREAS the Minister of Justice has caused this Act to be prepared in English and French for re-enactment in accordance with a judgment dated June 13, 1985 and an order dated November 4, 1985 of the Supreme Court of Canada;

THEREFORE HER MAJESTY, by and with the advice and consent of the Legislative Assembly of Manitoba, enacts as follows:

Expropriation confirmed

1           Notwithstanding The Expropriation Act, or any other Act or law in force in Manitoba,

(a) the declaration of expropriation dated December 15, 1983, signed by John William deZeeuw, signing officer for the Minister of Government Services of the Province of Manitoba, registered in the Winnipeg Land Titles Office on May 25, 1984 as No. 84-44222, and relating to the expropriation by Her Majesty the Queen in right of the Province of Manitoba of land in The City of Winnipeg described in the Schedule hereto;

(b) the notice of the intended expropriation of that land by Her Majesty the Queen in right of the Province of Manitoba, dated December 15, 1983 signed by John William deZeeuw as signing officer for the Minister of Government Services of the Province of Manitoba and filed in the Winnipeg Land Titles Office on December 15, 1983, as No. 83-120949; and

(c) the confirming order dated May 24, 1984, signed by the Honourable Aime Rawleigh Adam, Minister of Government Services and confirming the declaration referred to in clause (a);

are ratified, validated and legalized, and made binding in all respects upon all persons affected thereby and shall not be questioned in any action, suit or proceeding in any court or forum for any cause whatsoever.

Non-application of subsec. 23(2) of Expropriation Act

2           Notwithstanding subsection 23(2) of The Expropriation Act, the liability of the government to pay any person interest upon due compensation payable to the person calculated from the date of the confirming order does not apply to the expropriation made by the declaration of expropriation referred to in clause 1(a) by reason only of any failure of the government to do within the time limited by The Expropriation Act anything required to have been done prior to the coming into force of this Act in respect of the expropriation.

Application to pending litigation

3           This Act affects and applies to litigation pending on May 25, 1984 and affects and applies to any cause of action raised in litigation pending on that day.

SCHEDULE

In The City of Winnipeg, in the province of Manitoba, being in accordance with the Special Survey of said City, and being, Lots Seven Hundred and Five to Seven Hundred and Twenty-three both inclusive, Lots Seven Hundred and Twenty-six to Seven Hundred and Twenty-nine both inclusive, Lots Seven Hundred and Eighty-eight to Seven Hundred and Ninety-six both inclusive, Lots Seven Hundred and Ninety-nine to Eight Hundred and Six both inclusive, Lots Eight Hundred and Ten to Eight Hundred and Fifteen both inclusive, Lots Eight Hundred and Sixty-three to Eight Hundred and Sixty-five both inclusive, Lots Eight Hundred and Seventy-two to Eight Hundred and Seventy-four both inclusive, and Lots Eight Hundred and Eighty-four to Eight Hundred and Ninety-three both inclusive, all in Block Three, which Lots are shown on a plan of survey of part of Lot One of the Parish of Saint John, registered in the Winnipeg Land Titles Office, Winnipeg Division as No. 129.

Excepting out of said Lot Seven Hundred and Twenty-six, the most Westerly Eight feet in perpendicular width thereof.

Excepting out of said Lot Eight Hundred and Seventy-four, the most Westerly Nine and Seven-tenths feet in width thereof.

NOTE:  This Act replaces S.M. 1984-85, c. 24.