SNJ Wins Administrative Law Case for the Underdog
June 12th, 2024
Once upon a time, there was a business operating in rural Manitoba called “A Maze in Corn”. One gloomy October day, the haunted forest at A Maze in Corn was shut down due to flooding caused by the Province of Manitoba’s use of the Floodway.
“No worries” the owner thought – I can make a claim for compensation under the Red River Floodway Act.
To the owner’s dismay, the administrative boards which oversee compensation claims under the Red River Floodway Act, applied a narrow definition of “economic loss” and denied numerous categories of loss which A Maze in Corn applied for.
BLARG! The owner thought.
Fortunately, the owner had hired Smith Neufeld Jodoin LLP (“SNJ”) to argue for a broader interpretation of “economic loss”.
SNJ argued before the Manitoba Court of Appeal (the Province’s highest court) that the interpretation of “economic loss” was broad and should include – accounting expenses, legal expenses, future loss of income, and negative impact on branding (also known as “goodwill”).
The arguments made by SNJ to the Court of Appeal persuaded the judges.
As a result of the Court of Appeal decision, the amount of money rural Manitobans can claim for flooding caused by the use of the Floodway substantially increased.
SUCCESS!
You can read the full decision here: Link to Full Court of Appeal Decision
Written by: Lindsay M. Mullhulland
