| Case name: |
Hanna v. Victoria (City) |
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| Jurisdiction: |
Canada - British Columbia |
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| Parties: |
Name |
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Appearing as |
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Hanna, William James |
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Claimant |
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Victoria (City) |
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Authority |
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| Before: |
Decision maker |
Designation |
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Galliher, William Alfred |
J.A. |
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Irving, Paulus Aemilius |
J.A. |
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Macdonald, James Alexander |
C.J.A. |
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Martin, Archer Evans Stringer |
J.A. |
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McPhillips, Albert Edward |
J.A. |
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| Lawyers: |
Name |
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Appearing for |
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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: |
Appeal by the Authority from a lower court decision appointing an arbitrator on behalf of the Authority for the purpose of determining compensation payable to the Claimant pursuant to the Municipal Act, R.S.B.C. 1911, c. 170. The Authority had commenced expropriation proceedings pursuant to the Act on April 4, 1912 to acquire part of the Claimant's land for the purpose of establishing a lane. The Authority had served the Claimant with a notice to treat as required by the Act. The Claimant had also filed a claim for compensation. However, the Authority did not take possession of the property and later decided to abandon the expropriation. The Court held that filing of the Authority's plans and specifications and service of a notice to treat was the point at which the acquisition was complete for purposes of the Act. The appeal was dismissed. |
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| ExLaw citation: |
[1916] EXLAW 1 |
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| Parallel citations: |
[1916] B.C.J. No. 36 |
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(1916) 22 B.C.R. 555 |
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1916 Can LII 348 |
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(1916) 27 D.L.R. 213 |
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(1916) 34 W.L.R. 307 |
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(1916) 10 W.W.R. 457 |
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