Energy
Appeal, cross-appeal from Arbitration Committee’s decision determining compensation payable for rights of way in relation to construction of pipeline—Appropriate amount of, manner in which compensation should be paid—Committee reasonably considered loss of use, nuisance factors—Approach not blending land values with damages—Determining compensation for right of way not simply putting value on land—But no authority in National Energy Board Act, R.S.C., 1985, c. N-7, case law for application of pattern of dealings in one area pro rata to other areas—No evidence indicating adverse effects of pipeline right of way directly proportionate to value of land over which pipeline passes—Committee bound to consider factors set out in s. 97(1) in determining appropriate amount of compensation—Whether supplementary fee should be included in order to achieve just level of compensation should be decided after considering all applicable factors in s. 97—Committee’s decision to award $500 entry fee under provincial legislation reasonable where finding part of pattern of dealings, but not where simply automatically added—Appeal allowed in part, cross-appeal dismissed.
Alliance Pipeline Ltd. v. Balisky (T-521-07, 2008 FC 1087, O’Reilly J., judgment dated September 26, 2008, 21 pp.)