| Case name: |
North Cowichan (District) v. Gore-Langton |
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| Jurisdiction: |
Canada - British Columbia |
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| Parties: |
Name |
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Appearing as |
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Gore-Langton, Richard Gerald |
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Claimant |
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North Cowichan (District) |
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Authority |
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| Before: |
Decision maker |
Title |
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Eberts, David MacEwan |
J.A. |
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Galliher, William Alfred |
J.A. |
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Martin, Archer Evans Stringer |
J.A. |
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McPhillips, Albert Edward |
J.A. |
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| Lawyers: |
Name |
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Appearing for |
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Maclean, H.A. |
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Claimant |
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McDiarmid, Frederick A. |
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Authority |
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| 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. |
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| Related decisions: |
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Earlier |
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Later |
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| ExLaw citation: |
[1921] EXLAW 1 |
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| Parallel citations: |
[1921] B.C.J. No. 118 |
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(1921) 29 B.C.R. 535 |
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(1921) 60 D.L.R. 151 |
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[1921] 2 W.W.R. 484 |
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