| Case name: |
Sutton v. Burnaby (District) |
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| Jurisdiction: |
Canada - British Columbia |
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| Parties: |
Name |
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Appearing as |
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Sutton, Douglas Matthew |
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Plaintiff |
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Burnaby (District) |
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Defendant |
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| Before: |
Decision maker |
Designation |
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Gibbs, Reginald John |
J. |
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| Lawyers: |
Name |
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Appearing for |
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Ishkanian, V.A. |
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Plaintiff |
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Shields, John D. |
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Defendant |
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| Decision: |
Application by an owner for an order striking out a statement of defence. The Plaintiff had earlier commenced an action against the Defendant, a municipal corporation, seeking the return of property taxes paid in relation to the subject property in 1975, 1977 and 1978. The subject property had been expropriated by the Defendant in 1971. However, this fact was not established until after an appeal decision in 1983. The Plaintiff was a mortgagee of the subject property and had paid the taxes on behalf of the registered owner to avoid a tax sale of the subject property and loss of security. The taxes were paid before the date of expropriation had been determined. The Defendant had pleaded that it was not liable to return the tax paid and alleged that the Negligence Act, the Limitation Act and/or the Municipal Act applied. The application to strike out the defence was dismissed. |
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| ExLaw citation: |
[1988] EXLAW 6 |
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| Parallel citations: |
(1988) 11 A.C.W.S. (3d) 207 |
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[1988] B.C.J. No. 1560 |
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