| Case name: |
Victoria (City) v. Bailey |
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| Jurisdiction: |
Canada - British Columbia |
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| Parties: |
Name |
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Appearing as |
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Moody, Thomas Gage |
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Claimant |
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Victoria (City) |
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Authority |
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Bailey, Samuel Oscar |
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Other |
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British Columbia (Attorney General) |
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Other |
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Cameron Investment and Securities Co. Ltd. |
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Other |
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| Before: |
Decision maker |
Designation |
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Murphy, Denis |
J. |
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| Lawyers: |
Name |
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Appearing for |
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Green, J.R. |
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Claimant |
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McDiarmid, Frederick A. |
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Claimant |
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Hannington, Robert Wetmore |
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Authority |
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| Decision: |
Application to Court by the Authority, City of Victoria, for a declaration that it was entitled to registration in the Land Title Office of a parcel of land in priority to a mortgage. Counterclaim by the mortgagee for damages for trespass. The City adopted a municipal bylaw on January 22, 1912 pursuant to the Municipal Act, R.S.B.C. 1911, c. 170, to expropriate part of the subject property for the purpose of widening Pandora Street in the City of Victoria. It then published a notice of the by-law. The fee simple owner, Moody, was given notice of the bylaw and was paid compensation for the land. Moody then gave the City a signed conveyance for the land. However, the City delayed submitting the conveyance to the Land Registry Office. Before the City's conveyance was registered, Moody granted a mortgage to the defendant Bailey over the whole of the subject property, including the portion previously expropriated. Subsequently, the Authority took possession of the expropriated strip and constructed a sidewalk thereon. The Court held that the expropriation bylaw was invalid because the Authority had not fully complied with the requirements of the Act in relation to publication. However, it held that the circumstances of the entry upon the subject property amounted to a legal dedication of the subject property as highway. The counterclaim was dismissed. |
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| ExLaw citation: |
[1918] EXLAW 2 |
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| Parallel citations: |
(1918) 27 B.C.R. 305 |
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(1918) 44 D.L.R. 338 |
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[1919] 1 W.W.R. 191 |
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