Expropriation Law Centre


You are here: Home > Cases


Access Property Services


Free Case Law
Record no. 1062
Case name: McDonald v. Vancouver, Victoria and Eastern Railway and Navigation Co.
Date: 1910-06-01
Jurisdiction: Canada - British Columbia
Court: Court of Appeal
Registry: [Subscribers only]
File: [Subscribers only]
Order no.: [Subscribers only]
Parties: Name   Appearing as
  Vancouver, Victoria and Eastern Railway and Navigation Company   Appellant
  McDonald, Philip   Respondent
Before: Decision maker Title
Galliher, William Alfred J.A.
  Macdonald, James Alexander C.J.A.
  Martin, Archer Evans Stringer J.A.
Lawyers: Name   Appearing for
  MacNeill, Albert Howard   Appellant
  Martin, George F.   Respondent
Taking type/date: [Subscribers only]
Case elements: [Subscribers only]
Decision: Appeal by the Authority from a trial court order directing the Authority to expropriate the Claimant's leasehold interest pursuant to the Railway Act, R.S.C. 1906, c. 37. The Authority was a railway company which had obtained regulatory approval to construct and operate a railway from the Board of Railway Commissioners pursuant to the Railway Act, R.S.C. 1906 c. 37. The subject property was located in Huntington. However, the Authority had not fully utilized the entire width of the approved right of way. The Claimant held a lease on land that fell within the approved right of way and the landlord had reached an agreement to transfer his interest to the Authority. However, the Authority had not taken possession of the portion encumbered by the lease. The Claimant alleged that his leasehold interest had been injuriously affected and sought the order to compel the Authority to carry out an expropriation. The Authority had chosen not to expropriate and intended to wait for the lease to expire before acquiring the subject property. The appeal was dismissed.
Comment: [Subscribers only]
Statute references: [Subscribers only]
Case references: [Subscribers only]
Related decisions:      
  [1909] EXLAW 2 B.C. S.C. 1909-05-31
  [1910] EXLAW 2 S.C.C. 1910-12-09
Neutral citation:  
ExLaw citation: [1910] EXLAW 1
Parallel citations: [1910] B.C.J. No. 46
  (1910) 15 B.C.R. 315
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.
Join the Mailing List
Enter your name and email address below:


Online Subscription
Online Subscription Service sign-up
Online Subscription Service log-in