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S.M. 1985-86, c. 45
An Act to validate an Expropriation under The Expropriation Act
(Assented to July 11, 1985)
HER MAJESTY, by and with the advice and consent of the Legislative Assembly of Manitoba, enacts as follows:
Notwithstanding The Expropriation Act, or any other Act or law in force in Manitoba,
(a) the declaration of expropriation dated the 3rd day of June, 1981, 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 the 30th day of September, 1981, as No. 81-73008, as amended by the confirming order dated the 29th day of September, 1981, signed by The Honourable Warner H. Jorgenson, Minister of Government Services of the Province of Manitoba, 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 Schedule "A" hereto;
(b) the notice of intended expropriation of the land described in Schedule "B" hereto by Her Majesty the Queen in Right of the Province of Manitoba, dated the 3rd day of June, A.D. 1981, signed by John William deZeeuw, as signing officer for the Minister of Government Services for the Province of Manitoba and filed in the Winnipeg Land Titles Office on the 3rd day of June, 1981, as No. 81-38710; and
(c) the confirming order dated the 29th day of September, 1981, signed by The Honourable Warner H. Jorgenson, Minister of Government Services and confirming and amending 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.
By-Law No. 4017/85 of City of Winnipeg validated.
By-Law No. 4017/85 of The City of Winnipeg, a true copy of which is set out in Schedule "C" hereto, is hereby 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 subsection 23(2) of Expropriation Act.
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 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.
This Act affects and applies to litigation pending on the day this Act comes into force and affects and applies to any cause of action raised in litigation pending on the day this Act comes into force.
This Act comes into force on the day it receives the royal assent but it is retroactive and shall be deemed to have been in force, on and from and after September 30th, 1981.
SCHEDULE A
In the City of Winnipeg, in the Province of Manitoba, being in accordance with the Special Survey of said City, and being, Lots One Hundred and Thirty-nine to One Hundred and Forty-six, both inclusive, in Block Four and Lots Six Hundred and Fourteen to Six Hundred and Twenty-eight, both inclusive, in Block Three, excepting thereout the most easterly seventy feet in perpendicular depth of Lots Six Hundred and Fourteen to Six Hundred and Twenty-two, both inclusive, 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.
SCHEDULE B
In the City of Winnipeg, in the Province of Manitoba, being in accordance with the Special Survey of said City, and being, Lots One Hundred and Thirty-nine to One Hundred and Forty-six, both inclusive, in Block Four, and Lots Six Hundred and Twelve to Six Hundred and Twenty-eight, both inclusive, 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.
SCHEDULE C
BY-LAW NO. 4017/85
A By-Law of The City of Winnipeg to close public streets and lanes bounded by Portage and Ellice Avenues, and Vaughan and Carlton Streets.
WHEREAS it is desirable and expedient to close the public streets and lanes hereinafter described and to dispose of the lands comprising same;
NOW THEREFORE THE CITY OF WINNIPEG, in Council assembled enacts as follows :
1 Public streets and lanes bounded by Portage and Ellice Avenues and Vaughan and Carlton Streets, in the City of Winnipeg, which are described as follows, namely:
In the City of Winnipeg, in the Province of Manitoba, being in accordance with the Special Survey of said City, and being Parcel lettered "A", which Parcel is shown on a plan of part of River Lot One of the Parish of Saint John, prepared by Edward Barrie Flower, of the City of Winnipeg, Manitoba Land Surveyor, and certified by him on the 6th day of May, Nineteen Hundred and Eighty-five, hereto attached;
are hereby closed.
2 Pursuant to Section 498 of The City of Winnipeg Act, it is determined that no person or class of persons shall be regarded as being injuriously affected by the closing of the said public streets and lanes.
3 The proper officers of the City are hereby authorized and directed to do all things necessary to close the public streets and lanes mentioned in Section 1, and to convey the land comprising same or any part thereof to such person or persons and upon such terms and subject to such conditions as the Committee on Finance may decide; and whatsoever those officers or the Committee on Finance may have done heretofore in that behalf is hereby ratified and confirmed.
4 This By-law shall come into full force and effect on October 1, 1985.
DONE AND PASSED in Council assembled, this 19th day of June, A.D. 1985.
(Sgd.) J. A. Ernst
DEPUTY MAYOR
(SEAL)
(Sgd.) R. J. Fergusson CITY CLERK
Certified as to form:
Linda-Lee Kerr for City Solicitor