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[Back] DECISION DIGEST  
Record no. 1060
Case name: Caine v. Surrey (District)
Date: 1920-04-06
Jurisdiction: Canada - British Columbia
Court: Court of Appeal
Registry: [Subscribers only]
File: [Subscribers only]
Order no.: [Subscribers only]
Parties: Name   Appearing as
  Cotton, Arthur F.   Appellant
  Surrey (District)   Appellant
  Caine, George S.   Respondent
  Stevenson   Other
Before: Decision maker Title
Macdonald, James Alexander C.J.A.
  Martin, Archer Evans Stringer J.A.
  McPhillips, Albert Edward J.A.
Lawyers: Name   Appearing for
  McQuarrie, W.G.   Appellant
  Tupper, Sir Charles Hibbert   Appellant
  Taylor, Sidney S.   Respondent
Experts:  
Taking type/date: [Subscribers only]
Case elements: [Subscribers only]
Decision: Appeal by the District of Surrey from an order whereby the Respondent was granted an injunction restraining the District from resuming land for road purposes. The District had adopted a by-law pursuant to the Municipal Act, S.B.C. 1914, c. 52, that purported to authorize resumption of a portion of the Respondent's land. However, it was held that the Act did not permit a municipal government to resume land in use as a garden. The portion of the Respondent's property in question was in use as a garden and the exemption applied. The appeal was dismissed.
Comment: [Subscribers only]
Statute references: [Subscribers only]
Case references: [Subscribers only]
Related decisions:      
  Earlier
  [1918] EXLAW 3 B.C. S.C. 1918-12-05
  [1919] EXLAW 2 B.C. S.C. 1919-03-10
  Later
  [1920] EXLAW 4 S.C.C. 1920-11-02
Neutral citation:  
ExLaw citation: [1920] EXLAW 3
Parallel citations: [1920] B.C.J. No. 86
  (1920) 28 B.C.R. 321
  [1920] 2 W.W.R. 681
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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