| Case name: |
Byron N. White Co. v. Sandon Water Works and Light Co. Ltd. |
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| Jurisdiction: |
Canada - British Columbia |
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| Parties: |
Name |
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Appearing as |
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Byron N. White Co. |
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Plaintiff |
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Sandon Water Works and Light Co. |
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Defendant |
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| Before: |
Decision maker |
Designation |
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Irving, Paulus Aemilius |
J. |
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| Lawyers: |
Name |
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Appearing for |
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Elliot, John |
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Plaintiff |
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Lennie, Robert Scott |
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Plaintiff |
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Taylor, Sidney S. |
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Defendant |
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| Decision: |
Action for an injunction and damages for trespass. The Plaintiff alleged that the Defendant had constructed a water tank and pipe line on its property in Sandon without the Plaintiff's consent. The Defendant was incorporated pursuant to the Sandon Water Works and Light Company Act, S.B.C. 1896, c. 62. The Act provided the Defendant with statutory power to construct and operate a power plant and to expropriate land for that purpose. However the statutory powers did not take effect until the Defendant's plans were approved by the Lieutenant Governor in Council. This approval was not obtained until after the works were constructed on the Plaintiff's property. The court found that the Plaintiff's remedy was to appoint an arbitrator pursuant to the abitration provisions of the Act. It also found that the Plaintiff had not suffered any real damage before the date on which authorization was obtained by the Defendant. The action was dismissed with costs. |
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| ExLaw citation: |
[1903] EXLAW 2 |
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| Parallel citations: |
[1904] B.C.J. No. 54 |
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(1904) 10 B.C.R. 361 |
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