Case name: |
Cameron Investment and Securities Co. 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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Bailey, Samuel Oscar |
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Plaintiff |
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Cameron Investment and Securities Co. Ltd. |
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Plaintiff |
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Victoria (City) |
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Defendant |
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Before: |
Decision maker |
Designation |
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MacDonald, William Alexander |
J. |
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Lawyers: |
Name |
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Appearing for |
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Green, J.R. |
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Plaintiff |
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Taylor, William John |
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Plaintiff |
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Pringle, Herbert S. |
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Defendant |
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Robertson, Harold B. |
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Defendant |
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Decision: |
Application by mortgagees for an injunction to prevent the Authority from entering upon certain lands and for damages for trespass. The subject property was security for a loan and it had been the subject of an attempted expropriation by the City of Victoria in 1912 to permit the widening of Pandora Street. However, it was determined in earlier litigation involving the same parties that the expropriation proceedings were not valid. In the meantime the City had constructed a sidewalk on the land. It was held that the mortgagees did not have a right to possession of the subject property and therefore did not have a legal right to obtain an injunction or damages for trespass. The action was dismissed with costs. |
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ExLaw citation: |
[1920] EXLAW 2 |
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Parallel citations: |
[1920] B.C.J. No. 133 |
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[1920] 3 W.W.R. 1043 |
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