Lloyd I. Berliner

The appellants brought a motion seeking a declaration that the appropriate scale of costs referred to in the court's reasons should be solicitor-and-client costs.

The court found that the action arose from the expropriation of an interest in land.

Under sections 35 and 52 of the Nova Scotia Expropriation Act, the appellants were entitled to solicitor-and-client costs throughout the proceedings.

The motion was granted.

The province of Nova Scotia expropriated land that bisected the appellants' farm for a highway.

The Crown orally agreed to provide the landowner with an interest in land permitting access across the highway, and subsequently built and maintained access ramps for 27 years.

The Crown later denied the existence of this interest, relying on a statutory requirement that such permissions be in writing.

The Supreme Court of Canada held that the doctrine of part performance prevented the Crown from relying on the writing requirement, as the Crown's actions in building and maintaining the ramps fulfilled the purpose of the statute.

The appellants were entitled to compensation for the expropriation of their equitable interest.