| Case name: |
Caine v. Surrey (District) |
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| Jurisdiction: |
Canada - British Columbia |
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| Parties: |
Name |
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Appearing as |
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Cotton, Arthur F. |
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Appellant |
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Surrey (District) |
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Appellant |
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Caine, George S. |
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Respondent |
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Stevenson |
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Other |
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| Decision makers: |
Name |
Designation |
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Macdonald, James Alexander |
C.J.A. |
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Martin, Archer Evans Stringer |
J.A. |
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McPhillips, Albert Edward |
J.A. |
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| Lawyers: |
Name |
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Appearing for |
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McQuarrie, W.G. |
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Appellant |
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Tupper, Sir Charles Hibbert |
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Appellant |
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Taylor, Sidney S. |
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Respondent |
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| 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. |
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| ExLaw citation: |
[1920] EXLAW 3 |
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| Parallel citations: |
[1920] BCJ No. 86 |
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(1920) 28 BCR 321 |
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[1920] 2 WWR 681 |
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