| Case name: |
Arnold v. Vancouver (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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Arnold |
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Plaintiff |
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Vancouver (City) |
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Defendant |
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| Before: |
Decision maker |
Designation |
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Irving, Paulus Aemilius |
J. |
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| Decision: |
Action by a property owner for damages for trespass and an injunction. The Defendant had entered upon the Plaintiff's land and constructed a sewer. The Defendant did not provide notice to the Plaintiff nor did it commence expropriation proceedings before entry. It was held that although the Defendant had statutory power to construct sewers and to expropriate land for that purpose it was nevertheless required to comply with the procedural requirements, including payment of compensation, before it was entitled to possession of the subject property. Damages and costs were awarded to the Plaintiff. |
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| Related decisions: |
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Earlier |
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Later |
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[1904] EXLAW 1 |
B.C. S.C.F.C. |
1904-01-25 |
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| ExLaw citation: |
[1903] EXLAW 1 |
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| Parallel citations: |
[1904] B.C.J. No. 32 |
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(1904) 10 B.C.R. 198 |
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