| Case name: |
Carroll v. Vancouver (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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Carroll |
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Plaintiff |
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Vancouver (City) |
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Defendant |
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| Before: |
Decision maker |
Designation |
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Duff, Lyman Poore |
J. |
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| Lawyers: |
Name |
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Appearing for |
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Davis, E.P. |
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Plaintiff |
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Macdonell |
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Plaintiff |
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Hamersley, A. St. G. |
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Defendant |
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McPhillips, Lewis G. |
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Defendant |
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| Decision: |
Application for an order granting possession of a parcel of land located in North Vancouver. The subject property was occupied and used by the Defendant as part of the City of Vancouver's water supply system. The Defendant had acquired the original water system from the Vancouver Water Works Company in 1891. However when the Defendant later expanded the area occupied for water works purposes it did not prepare a proper description of the land to be acquired for purposes of the Act. As a result the Defendant did not acquire title to the expanded area. It was held that the Plaintiff was entitled to damages in an amount to be determined in a separate proceeding. |
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| Related decisions: |
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Earlier |
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Later |
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| ExLaw citation: |
[1904] EXLAW 4 |
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| Parallel citations: |
[1904] B.C.J. No. 27 |
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(1904) 11 B.C.R. 493 |
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