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[Back] DECISION DIGEST  
Record no. 1808
Case name: Westminster Mills Ltd. v. Chilliwack (City)
Date: 1946-04-20
Jurisdiction: Canada - British Columbia
Court: Supreme Court
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Court file: [Subscribers only]
Order no.: [Subscribers only]
Parties: Name   Appearing as
  Westminster Mills Ltd.   Applicant
  Chilliwack (City)   Respondent
  Chilliwack (Township)   Respondent
Before: Decision maker Designation
Wilson, John Owen J.
Lawyers: Name   Appearing for
  Farris, John Lauchlan   Applicant
  Wilson, F.   Respondent
Experts:  
Taking type: [Subscribers only]
Valuation date: [Subscribers only]
Case elements: [Subscribers only]
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.
Comment: [Subscribers only]
Statute references: [Subscribers only]
Case references: [Subscribers only]
Related decisions:      
  Earlier
 
  Later
 
Neutral citation: N/A
ExLaw citation: [1946] EXLAW 2
Parallel citations: [1946] B.C.J. No. 127
  [1948] 2 W.W.R. 483
Reasons: [Subscribers only]
Digests contain original content produced by ExLaw and copyright in this content is held by Dicta Legal Services Ltd. (dba Expropriation Law Centre). Reasons for decision are the text of original decisions released by the court or tribunal and edited for accuracy where required. No copyright is claimed for these materials.
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