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E-24 - Expropriation Act

Section 48
Disposition versions

Full text
48. The burden of proof is upon the expropriating party as regards the part of the indemnity relating to the value of the immovable or the immovable real right expropriated. The burden of proof is upon the expropriated party, lessee or occupant in good faith as regards any other part of the indemnity.
1973, c. 38, s. 47; 1983, c. 21, s. 9; 1986, c. 61, s. 8; 1988, c. 21, s. 92; 1997, c. 43, s. 251.
48. The procedure at trial shall be determined, subject to this Act, by the rules of procedure and of practice of the division, and the depositions shall be recorded in accordance with the Code of Civil Procedure (chapter C-25) if one of the parties so requires.
The rules of evidence shall be those followed in civil matters, subject to this Act.
The burden of proof is upon the expropriating party as regards the part of the indemnity relating to the value of the immovable or the immovable real right expropriated. The burden of proof is upon the expropriated party, lessee or occupant in good faith as regards any other part of the indemnity.
1973, c. 38, s. 47; 1983, c. 21, s. 9; 1986, c. 61, s. 8; 1988, c. 21, s. 92.
48. The procedure at trial shall be determined, subject to this act, by the rules of practice of the division, and the depositions shall be recorded in accordance with the Code of Civil Procedure if one of the parties so requires.
The rules of evidence shall be those followed in civil matters, subject to this Act.
The burden of proof is upon the expropriating party as regards the part of the indemnity relating to the value of the immovable or the immovable real right expropriated. The burden of proof is upon the expropriated party, lessee or occupant in good faith as regards any other part of the indemnity.
1973, c. 38, s. 47; 1983, c. 21, s. 9; 1986, c. 61, s. 8.
48. The procedure at trial shall be determined, subject to this act, by the rules of practice of the tribunal, and the depositions shall be recorded in accordance with the Code of Civil Procedure if one of the parties so requires.
The rules of evidence shall be those followed in the Superior Court, subject to this act.
The burden of proof is upon the expropriating party as regards the part of the indemnity relating to the value of the immovable or the immovable real right expropriated. The burden of proof is upon the expropriated party, lessee or occupant in good faith as regards any other part of the indemnity.
1973, c. 38, s. 47; 1983, c. 21, s. 9.
48. The procedure at trial shall be determined, subject to this act, by the rules of practice of the tribunal, and the depositions shall be recorded in accordance with the Code of Civil Procedure if one of the parties so requires.
The rules of evidence shall be those followed in the Superior Court, subject to this act.
The burden of proof shall be upon the expropriating party as regards the part of the indemnity relating to the value of the immoveable or real right expropriated. The burden of proof shall be upon the expropriated party in the case of an enterprise, a business or industrial concern and as regards any part of the indemnity other than that relating to the value of the immoveable or expropriated real right.
1973, c. 38, s. 47.
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