LACROIX v. CANADA (1954) 4 D.L.R.

470
Between:
Jean Lacroix, Suppliant; and Her Majesty the Queen, Respondent

Presented by:
THILANGAN MEHANATHAN A156386
LINA KHALIDA BINTI MASRI A156378
NURUL SYARAFINA BINTI RAZALI A156495
NOOR ZAYANI ZULAIKA BINTI MALEK A156514
 FACTS OF THE CASE

In 1924, the Crown In his action suppliant,

expropriated an easement
Suppliant owned some i) He claim for compensation
over it and adjoining lands
vacant land closed to the for the expropriation of the
for an underground cable
Dorval airport and use it for easement over his property
and poles for the installation
agricultural purposes. and the injurious affection of
and maintenance of one of
the remaining land
the runways of the airport.

The basis of suppliant claim being that

The suppliant being the owner to the surface, below and above of the
land, the establishment of this flightway and the flying planes over his 2) He sought damages by
land was an interference with his rights of ownership and reason of the establishment
disturbance of his full enjoyment of his property. of what he described as a
flightway over his property -
aircraft would fly to take off
The crown, having established this flightway and interfered with his or land at the airport
rights and ownership, was liable to damage claimed.
 ISSUES

Whether the establishment of the flight way and the flying of

planes over the suppliant land was an interference with his rights
of ownership and a disturbance of his full enjoyment of the
property

Whether The Crown having established the flight way and

interfered with his rights of ownership, was liable for damages
claimed.