| Case name: |
Dwyer v. Victoria (City) |
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| Jurisdiction: |
Canada - British Columbia |
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| Parties: |
Name |
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Appearing as |
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Victoria (City) |
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Applicant |
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Dwyer, Joseph |
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Respondent |
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| Before: |
Decision maker |
Designation |
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Walkem, George Anthony |
J. |
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| Lawyers: |
Name |
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Appearing for |
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Mason, C. Dubois |
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Applicant |
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Walls, John P. |
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Respondent |
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| Decision: |
Application by the expropriating authority for a cost award in an arbitration proceeding conducted pursuant to the Victoria Water Works Act, S.B.C. 1873, c. 20. The authority had expropriated land from the Respondent for water works purposes. The arbitrators had awarded $500 in compensation which was equal to the City's earlier offer. It was held that the Act did not provide the court with any discretion in these circumstances and the owner was therefore liable for costs. The application was granted. The authority also sought an order authorizing it to deduct the award of costs from the compensation otherwise payable to the Respondent. The court held that it had no jurisdiction to make this order and this part of the application was dismissed. |
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| Related decisions: |
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Earlier |
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Later |
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| ExLaw citation: |
[1898] EXLAW 1 |
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| Parallel citations: |
[1898] B.C.J. No. 26 |
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(1898) 6 B.C.R. 165 |
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