| Case name: |
Byron N. White Co. v. Sandon Water Works and Light Co. Ltd. |
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| Jurisdiction: |
Canada - Federal |
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| Court: |
Supreme Court of Canada |
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| Parties: |
Name |
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Appearing as |
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Sandon Water Works and Light Co. |
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Appellant |
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Byron N. White Co. |
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Respondent |
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| Before: |
Decision maker |
Title |
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Davies, Sir Louis Henry |
J. |
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Girouard, Desire |
J. |
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Killam, Albert Clements |
J. |
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Nesbitt, Wallace |
J. |
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Sedgewick, Robert |
J. |
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| Lawyers: |
Name |
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Appearing for |
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Davis, E.P. |
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Appellant |
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Taylor, Sidney S. |
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Appellant |
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Bodwell, E.V. |
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Respondent |
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Lennie, Robert Scott |
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Respondent |
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| 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. |
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| Related decisions: |
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Earlier |
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[1903] EXLAW 2 |
B.C. S.C. |
1903-10-28 |
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[1904] EXLAW 3 |
B.C. S.C.F.C. |
1904-04-19 |
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Later |
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| ExLaw citation: |
[1904] EXLAW 2 |
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| Parallel citations: |
[1904] S.C.J. No. 60 |
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(1904) 35 S.C.R. 309 |
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