| Case name: |
Pacific Great Eastern Railway Co. v. Larsen |
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| Jurisdiction: |
Canada - British Columbia |
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| Parties: |
Name |
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Appearing as |
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A. Linton & Co. |
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Claimant |
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Larsen, Peter |
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Claimant |
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Pacific Great Eastern Railway Co. |
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Authority |
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| Before: |
Decision maker |
Designation |
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MacDonald, William Alexander |
J. |
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| Lawyers: |
Name |
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Appearing for |
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Armour, Douglas |
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Claimant |
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Bodwell, Ernest V. |
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Authority |
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Douglas, A.H. |
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Authority |
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| Decision: |
Appeal by stated case from an arbitration proceeding conducted pursuant to the Arbitration Act, R.S.B.C. 1911, c. 11. The arbitration proceedings were commenced to determine compensation payable for the partial expropriation of a strip of land owned by the Claimant Larsen and subject to a lease in favour of the Claimant A. Linton & Co. The expropriation was conducted pursuant to the British Columbia Railway Act, R.S.B.C. 1911, c. 194. The subject property was located in the District of North Vancouver and the land was required for railway purposes. The arbitrators posed two questions for determination by the Court. The first was whether any increased value to the remaining land by reason of the passage of the railway through the subject property should be set-off only against damages payable for severance or whether any such benefit should also be set-off against the value of the land taken. It was held that any benefit to the remaining land beyond the increased value to all land in the locality should be set-off against both the amount awarded as the damages for the severance and the amount awarded for the value of the land taken. The second question posed by the arbitrators was whether they were required to produce a single award or whether they were also required to determine the amount to be paid to each Claimant. It was held that the arbitrators were required to determine how much was to be paid to each Claimant. |
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| Related decisions: |
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Earlier |
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Later |
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| ExLaw citation: |
[1915] EXLAW 3 |
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| Parallel citations: |
[1915] B.C.J. No. 77 |
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(1915) 22 B.C.R. 4 |
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1915 CarswellBC 105 |
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(1915) 8 W.W.R. 1 |
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