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Record no. 1121
Case name: North Cowichan (District) v. Gore-Langton
Date: 1921-04-29
Jurisdiction: Canada - British Columbia
Court: Court of Appeal
Registry: [Subscribers only]
File: [Subscribers only]
Order no.: [Subscribers only]
Parties: Name   Appearing as
  Gore-Langton, Richard Gerald   Claimant
  North Cowichan (District)   Authority
Before: Decision maker Title
Eberts, David MacEwan J.A.
  Galliher, William Alfred J.A.
  Martin, Archer Evans Stringer J.A.
  McPhillips, Albert Edward J.A.
Lawyers: Name   Appearing for
  Maclean, H.A.   Claimant
  McDiarmid, Frederick A.   Authority
Taking type/date: [Subscribers only]
Case elements: [Subscribers only]
Decision: Second appeal by the Authority from an arbitration award of compensation for the expropriation of land pursuant to the Municipal Act, S.B.C. 1914, c. 52. Partial taking for road purposes. A panel of arbitrators had awarded $4,105 as compensation. Title to the remainder parcel had been conveyed to a third party after the expropriation date but the deed had not been registered when the arbitrators made their award. The Authority alleged that it was not required to pay the award of compensation to the vendor on the basis that he had no further interest in the land. The Authority further alleged that the arbitrator had failed to set-off the benefits to the remaining land from the expropriation. It was held that the arbitrators had acted within their jurisdiction and there was no misconduct. The appeal was dismissed.
Comment: [Subscribers only]
Statute references: [Subscribers only]
Case references: [Subscribers only]
Related decisions:      
Neutral citation:  
ExLaw citation: [1921] EXLAW 1
Parallel citations: [1921] B.C.J. No. 118
  (1921) 29 B.C.R. 535
  (1921) 60 D.L.R. 151
  [1921] 2 W.W.R. 484
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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