| Case name: |
Kapoor Sawmills Ltd. v. Laverock |
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| Jurisdiction: |
Canada - British Columbia |
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| Parties: |
Name |
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Appearing as |
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Laverock, Lily J. |
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Appellant |
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Kapoor Sawmills Ltd. |
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Respondent |
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| Before: |
Decision maker |
Designation |
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O'Halloran, Cornelius Hawkins |
J.A. |
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Robertson, Harold Edwin Bruce |
J.A. |
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Sloan, Gordon McGregor |
J.A. |
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| Lawyers: |
Name |
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Appearing for |
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Sutherland, C. Ann |
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Appellant |
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Donaghy, Dugald |
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Respondent |
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| Decision: |
Appeal by the owner from a lower court ruling appointing a panel of arbitrators to determine compensation to be paid for the expropriation of a logging road right of way by the Respondent pursuant to the Forest Act, RSBC 1936, c. 102. The Appellant argued that the lower court should have refused to appoint the arbitrators on grounds that the Forest Act did not authorize expropriation of a right of way over private lands. The Appellant also argued that the lower court should have refused to appoint arbitrators on grounds that the route chosen by the Respondent was unreasonable. On appeal, the court found that the legislation was clear. It applied to private lands and the court had no jurisdiction to consider the reasonableness of the route chosen. The appeal was dismissed. |
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| ExLaw citation: |
[1944] EXLAW 1 |
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| Parallel citations: |
[1944] B.C.J. No. 85 |
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(1944) 60 B.C.R. 518 |
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(1944) 58 C.R.T.C. 48 |
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[1945] 1 D.L.R. 372 |
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