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[Back] DECISION DIGEST  
Record no. 1533
Case name: Byron N. White Co. v. Sandon Water Works and Light Co. Ltd.
Date: 1904-11-21
Jurisdiction: Canada - Federal
Court: Supreme Court of Canada
Registry: [Subscribers only]
File: [Subscribers only]
Order no.: [Subscribers only]
Parties: Name   Appearing as
  Sandon Water Works and Light Co.   Appellant
  Byron N. White Co.   Respondent
Before: Decision maker Title
Davies, Sir Louis Henry J.
  Girouard, Desire J.
  Killam, Albert Clements J.
  Nesbitt, Wallace J.
  Sedgewick, Robert J.
Lawyers: Name   Appearing for
  Davis, E.P.   Appellant
  Taylor, Sidney S.   Appellant
  Bodwell, E.V.   Respondent
  Lennie, Robert Scott   Respondent
Experts:  
Taking type/date: [Subscribers only]
Case elements: [Subscribers only]
Decision: Appeal by the original Defendant from an injunction ordered by the British Columbia Supreme Court requiring the Defendant to restore the Plaintiff's land and awarding damages for trespass. The Defendant had constructed a water tank and pipeline on the Plaintiff's property in Sandon. The Defendant had statutory powers to expropriate but those powers did not become effective until a date after it had taken possession of the Plaintiff's property. On this appeal the injunction was cancelled and trespass damages were awarded for the period of time the Defendant was in possession before the statutory powers became effective.
Comment: [Subscribers only]
Statute references: [Subscribers only]
Case references: [Subscribers only]
Related decisions:      
  Earlier
  [1903] EXLAW 2 B.C. S.C. 1903-10-28
  [1904] EXLAW 3 B.C. S.C.F.C. 1904-04-19
  Later
 
Neutral citation:  
ExLaw citation: [1904] EXLAW 2
Parallel citations: [1904] S.C.J. No. 60
  (1904) 35 S.C.R. 309
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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