Case name: |
Westminster Mills Ltd. v. Chilliwack (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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Westminster Mills Ltd. |
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Applicant |
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Chilliwack (City) |
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Respondent |
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Chilliwack (Township) |
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Respondent |
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Before: |
Decision maker |
Designation |
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Wilson, John Owen |
J. |
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Lawyers: |
Name |
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Appearing for |
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Farris, John Lauchlan |
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Applicant |
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Wilson, F. |
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Respondent |
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Decision: |
Application by a property owner for judicial review of an arbitation award of compensation following the expropriation of a parcel of land for park purposes pursuant to the Municipal Act, R.S.B.C. 1936, c. 199. The subject property was located at Cultus Lake. At issue on the application was whether the value of the land taken should take into consideration a restriction found in the Crown Grant permitting use of the subject property for a millsite only. It was held that the restriction was in effect at the valuation date and the taking should be valued on that basis. The application was dismissed with costs awarded to the Respondents. |
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Related decisions: |
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Earlier |
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Later |
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ExLaw citation: |
[1946] EXLAW 2 |
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Parallel citations: |
[1946] B.C.J. No. 127 |
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[1948] 2 W.W.R. 483 |
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