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[Back] DECISION DIGEST  
Record no. 1059
Case name: Caine v. Surrey (District)
Date: 1919-03-10
Jurisdiction: Canada - British Columbia
Court: Supreme Court
Registry: [Subscribers only]
File: [Subscribers only]
Order no.: [Subscribers only]
Parties: Name   Appearing as
  Caine, George S.   Plaintiff
  Cotton, Arthur F.   Defendant
  Stevenson   Defendant
  Surrey (District)   Defendant
Before: Decision maker Title
Clement, William Henry Pope J.
Lawyers: Name   Appearing for
  Taylor, Sidney S.   Plaintiff
  McQuarrie, W.G.   Defendant
  Whiteside, W.J.   Defendant
Experts:  
Taking type/date: [Subscribers only]
Case elements: [Subscribers only]
Decision: Action by a property owner for an injunction to prevent the District of Surrey from constructing a road over the Plaintiff's property. The District had enacted a bylaw that purported to resume a portion of the subject property pursuant to the Municipal Act, S.B.C. 1914, c. 52. However, the Act contained an exemption for land in use as a garden. It was held that the portion of the Plaintiff's land which the District sought to resume was a garden and the exemption applied. The power of resumption was not available to the District in this case. The injunction was granted. Costs were awarded to the Plaintiff.
Comment: [Subscribers only]
Statute references: [Subscribers only]
Case references: [Subscribers only]
Related decisions:      
  Earlier
  [1918] EXLAW 3 B.C. S.C. 1918-12-05
  Later
  [1920] EXLAW 3 B.C. C.A. 1920-04-06
  [1920] EXLAW 4 S.C.C. 1920-11-02
Neutral citation:  
ExLaw citation: [1919] EXLAW 2
Parallel citations: [1919] B.C.J. No. 34
  (1919) 27 B.C.R. 23
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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