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[Back] DECISION DIGEST  
Record no. 1063
Case name: McDonald v. Vancouver, Victoria and Eastern Railway and Navigation Co.
Date: 1910-12-09
Jurisdiction: Canada - Federal
Court: Supreme Court of Canada
Registry: [Subscribers only]
File: [Subscribers only]
Order no.: [Subscribers only]
Parties: Name   Appearing as
  McDonald, Philip   Claimant
  Vancouver, Victoria and Eastern Railway and Navigation Company   Authority
Before: Decision maker Title
Anglin, Francis Alexander J.
  Davies, Sir Louis Henry J.
  Duff, Lyman Poore J.
  Fitzpatrick, Sir Charles C.J.C.
  Idington, John J.
Lawyers: Name   Appearing for
  Martin, George F.   Claimant
  Ewart   Authority
Experts:  
Taking type/date: [Subscribers only]
Case elements: [Subscribers only]
Decision: Second appeal by the Authority from a trial court ruling that ordered the Authority to carry out an expropriation of certain land over which the Claimant held a lease. The subject property was included within a right of way area approved for railway use pursuant to the Railway Act, R.S.C. 1906, c. 37. However, the Authority had elected not to expropriate the Claimant's leasehold interest and was not making use of the subject property. The appeal was allowed.
Comment: [Subscribers only]
Statute references: [Subscribers only]
Case references: [Subscribers only]
Related decisions:      
  Earlier
  [1909] EXLAW 2 B.C. S.C. 1909-05-31
  [1910] EXLAW 1 B.C. C.A. 1910-06-01
  Later
 
Neutral citation:  
ExLaw citation: [1910] EXLAW 2
Parallel citations: [1910] S.C.J. No. 45
  (1910) 44 S.C.R. 65
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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