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Record no. 1100
Case name: British Columbia (Minister of Public Works) v. Tipping
Date: 1931-07-03
Jurisdiction: Canada - British Columbia
Court: Supreme Court
Registry: [Subscribers only]
File: [Subscribers only]
Order no.: [Subscribers only]
Parties: Name   Appearing as
  Tipping, Alexander   Claimant
  British Columbia (Minister of Public Works)   Authority
Before: Decision maker Title
Fisher, Alexander Ingram J.
Lawyers: Name   Appearing for
  Read, Hamilton   Claimant
  McPhillips, A. deB.   Authority
  McPhillips, Lewis G.   Authority
Taking type/date: [Subscribers only]
Case elements: [Subscribers only]
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.
Comment: [Subscribers only]
Statute references: [Subscribers only]
Case references: [Subscribers only]
Related decisions:      
Neutral citation:  
ExLaw citation: [1931] EXLAW 1
Parallel citations: [1931] B.C.J. No. 63
  (1931) 44 B.C.R. 321
  [1931] 2 W.W.R. 835
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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