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[Back] DECISION DIGEST  
Record no. 1006
Case name: Arnold v. Vancouver (City)
Date: 1903-06-19
Jurisdiction: Canada - British Columbia
Court: Supreme Court
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File: [Subscribers only]
Order no.: [Subscribers only]
Parties: Name   Appearing as
  Arnold   Plaintiff
  Vancouver (City)   Defendant
Before: Decision maker Title
Irving, Paulus Aemilius J.
Lawyers:  
Experts:  
Taking type/date: [Subscribers only]
Case elements: [Subscribers only]
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.
Comment: [Subscribers only]
Statute references: [Subscribers only]
Case references: [Subscribers only]
Related decisions:      
  Earlier
 
  Later
  [1904] EXLAW 1 B.C. S.C.F.C. 1904-01-25
Neutral citation:  
ExLaw citation: [1903] EXLAW 1
Parallel citations: [1904] B.C.J. No. 32
  (1904) 10 B.C.R. 198
Reasons: [Subscribers only]
Digests contain original content produced by ExLaw and copyright in this content is held by Dicta Legal Services Ltd. (dba Expropriation Law Centre). Reasons for decision are the text of original decisions released by the court or tribunal and edited for accuracy where required. No copyright is claimed for these materials.
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