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[Back] DECISION DIGEST  
Record no. 2776
Case name: Calgary and Edmonton Railway Co. v. Saskatchewan Land and Homestead Co.
Date: 1918-12-13
Jurisdiction: Canada - Alberta
Court: Supreme Court
Release registry: [Subscribers only]
Court file: [Subscribers only]
Order no.: [Subscribers only]
Parties: Name   Appearing as
  Calgary and Edmonton Railway Company   Plaintiff
  Saskatchewan Land and Homestead Company (Limited)   Defendant
  Trusts and Guarantee Company   Defendant
Before: Decision maker Designation
Ives, William Carlos Ives J.
Lawyers: Name   Appearing for
  Walker, George A.   Plaintiff
  Ford, Frank   Defendant
Experts:  
Taking type: [Subscribers only]
Valuation date: [Subscribers only]
Case elements: [Subscribers only]
Decision: Action by an expropriating authority to recover costs awarded to the authority in an arbitration proceeding. The arbitration had been conducted to determine compensation payable by the Plaintiff to the Defendant property owner following an expropriation carried out pursuant to the Railway Act, R.S.C. 1906, c. 37. Costs had been assessed in an amount that exceeded the compensation payable and the court was required to determine whether the authority was entitled to enforce payment of the cost award to the extent that it could not be set-off against the compensation award. The authority was granted judgment for the amount claimed and costs of the action to enforce the cost award.
Comment: [Subscribers only]
Statute references: [Subscribers only]
Case references: [Subscribers only]
Related decisions:      
  Earlier
  [1913] EXLAW 4 Alta. S.C.F.C. 1913-10-11
  [1915] EXLAW 5 S.C.C. 1915-02-02
  Later
  [1919] EXLAW 6 Alta. S.C.F.C. 1919-05-07
  [1919] EXLAW 5 S.C.C. 1919-11-10
Neutral citation: N/A
ExLaw citation: [1918] EXLAW 5
Parallel citations: (1918) 44 D.L.R. 133
  [1919] 1 W.W.R. 1
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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Page last updated: October 14, 2023