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Record no. 1186
Case name: Tarry v. West Kootenay Power and Light Co.
Date: 1905-02-11
Jurisdiction: Canada - British Columbia
Court: Supreme Court
Registry: [Subscribers only]
File: [Subscribers only]
Order no.: [Subscribers only]
Parties: Name   Appearing as
  Tarry   Plaintiff
  West Kootenay Power and Light Company, Limited   Defendant
Before: Decision maker Title
Morrison, Aulay J.
Lawyers: Name   Appearing for
  Taylor, Sidney S.   Plaintiff
  MacNeill, Albert Howard   Defendant
Taking type/date: [Subscribers only]
Case elements: [Subscribers only]
Decision: Application by a property owner for an order rectifying a deed granting a right of way to the Defendant for a pole line across the Plaintiff's land. The words in the deed gave the Defendant the sole and exclusive and absolute possession of the said right of way which was 300 feet in width. The Plaintiff alleged that the words of the grant denied him any right to cultivate the right of way area which was not his intention when granting the right of way for the pole line to the Defendant. It was held that there was no mistake requiring rectification and the Plaintiff still had a right of cultivation subject to the grant of rights. The Plaintiff's remedy, if any, was to make a claim for compensation pursuant to the Defendant's special Act. A claim alleging trespass was dismissed.
Comment: [Subscribers only]
Statute references: [Subscribers only]
Case references: [Subscribers only]
Related decisions:      
Neutral citation:  
ExLaw citation: [1905] EXLAW 2
Parallel citations: [1905] B.C.J. No. 16
  (1905) 11 B.C.R. 229
  (1905) 1 W.L.R. 186
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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