| Case name: |
Waugh v. Pedneault |
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| Jurisdiction: |
Canada - British Columbia |
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| Parties: |
Name |
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Appearing as |
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Esquimalt Lumber Company Limited |
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Claimant |
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Waugh, James Stephenson |
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Claimant |
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Pedneault |
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Authority |
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| Before: |
Decision maker |
Designation |
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Bird, Henry Irvine |
J.A. |
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O'Halloran, Cornelius Hawkins |
J.A. |
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Smith, Sidney Alexander |
J.A. |
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| Lawyers: |
Name |
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Appearing for |
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Haldane, W.H.M. |
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Claimant |
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Harvey, R.D. |
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Authority |
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| Decision: |
Appeal by the Claimants from a court order appointing a board of arbitrators pursuant to the expropriation procedures found in the Forest Act, R.S.B.C. 1936, c. 102. The Claimants argued that the appointment of arbitrators should have been adjourned or stayed pending the outcome of a separate legal action brought by the Claimants challenging the validity of the expropriation. The Authority was a logger who held timber rights and had commenced expropriation proceedings to acquire an access right of way over an existing logging road constructed on the Claimants' own timber property. The appeal was allowed. Costs of the appeal were awarded to the Claimants. |
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| ExLaw citation: |
[1947] EXLAW 2 |
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| Parallel citations: |
[1947] B.C.J. No. 49 |
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1947 Can LII 453 |
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1947 CarswellBC 78 |
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[1947] 2 W.W.R. 933 |
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