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[Back] DECISION DIGEST  
Record no. 1155
Case name: Vogel v. Vancouver Island Power Co.
Date: 1926-04-14
Jurisdiction: Canada - British Columbia
Court: Supreme Court
Registry: [Subscribers only]
File: [Subscribers only]
Order no.: [Subscribers only]
Parties: Name   Appearing as
  Vogel   Plaintiff
  Vancouver Island Power Co.   Defendant
Before: Decision maker Title
MacDonald, William Alexander J.
Lawyers: Name   Appearing for
  Maclean, H.A.   Plaintiff
  King, A.D.   Defendant
  Robertson, Harold B.   Defendant
Experts:  
Taking type/date: [Subscribers only]
Case elements: [Subscribers only]
Decision: Action by a property owner for damages for trespass. The Defendant was an electric utility. In 1910 the Defendant acquired a right of way over the Plaintiff's land on which it constructed a portion of an electric transmission line connecting Jordan River to Goldstream, near Victoria. In 1924, the Defendant decided to relocate a portion of the transmission line within the Plaintiff's property. It did not obtain the Plaintiff's consent for the new route nor did it commence expropriation proceedings before entry. In addition, a fire occurred during construction which spread throughout the Plaintiff's property causing damage. It was held that the Water Act, RSBC 1924, c. 271, required the Plaintiff to give notice to the Attorney General of her intended legal action against the Defendant within six months after the damage had occurred. The Plaintiff had not done so and was thereby prevented from recovering damages from the Authority. The action was dismissed with costs to the Authority.
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Statute references: [Subscribers only]
Case references: [Subscribers only]
Related decisions:      
  Earlier
 
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Neutral citation:  
ExLaw citation: [1926] EXLAW 1
Parallel citations: [1926] B.C.J. No. 17
  (1926) 37 B.C.R. 194
  [1926] 2 D.L.R. 969
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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