| Case name: |
McDonald v. Vancouver, Victoria and Eastern Railway and Navigation Co. |
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| Jurisdiction: |
Canada - Federal |
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| Court: |
Supreme Court of Canada |
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| Parties: |
Name |
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Appearing as |
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McDonald, Philip |
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Claimant |
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Vancouver, Victoria and Eastern Railway and Navigation Company |
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Authority |
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| Before: |
Decision maker |
Title |
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Anglin, Francis Alexander |
J. |
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Davies, Sir Louis Henry |
J. |
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Duff, Lyman Poore |
J. |
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Fitzpatrick, Sir Charles |
C.J.C. |
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Idington, John |
J. |
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| Lawyers: |
Name |
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Appearing for |
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Martin, George F. |
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Claimant |
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Ewart |
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Authority |
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| 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. |
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| Related decisions: |
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Earlier |
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[1909] EXLAW 2 |
B.C. S.C. |
1909-05-31 |
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[1910] EXLAW 1 |
B.C. C.A. |
1910-06-01 |
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Later |
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| ExLaw citation: |
[1910] EXLAW 2 |
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| Parallel citations: |
[1910] S.C.J. No. 45 |
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(1910) 44 S.C.R. 65 |
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