| Case name: |
British Columbia (Minister of Public Works) v. Tipping |
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| Jurisdiction: |
Canada - British Columbia |
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| Parties: |
Name |
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Appearing as |
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Tipping, Alexander |
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Claimant |
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British Columbia (Minister of Public Works) |
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Authority |
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| Before: |
Decision maker |
Designation |
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Fisher, Alexander Ingram |
J. |
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| Lawyers: |
Name |
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Appearing for |
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Read, Hamilton |
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Claimant |
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McPhillips, A. deB. |
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Authority |
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McPhillips, Lewis G. |
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Authority |
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| Decision: |
Application by the Authority for an order setting aside an arbitration award of compensation. Partial taking of land for highway purposes. The subject property was located on Nicomen Island. The dispute turned on whether the arbitrators had been appointed pursuant to the Highway Act, S.B.C. 1930, c. 24, or the Public Works Act, R.S.B.C. 1924, c. 201. It was held that the arbitration had been conducted pursuant to the Highway Act. It was held that where the powers of arbitrators are statutory, as it was in this case, anything which the arbitrators do that goes beyond what is authorized by statute is not binding on the parties to the arbitration. Since portions of the award exceeded the jurisdiction available under the Highway Act, the award was set aside. |
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| Related decisions: |
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Later |
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| ExLaw citation: |
[1931] EXLAW 1 |
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| Parallel citations: |
[1931] B.C.J. No. 63 |
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(1931) 44 B.C.R. 321 |
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[1931] 2 W.W.R. 835 |
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