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[Back] DECISION DIGEST  
Record no. 1545
Case name: Byron N. White Co. v. Sandon Water Works and Light Co. Ltd.
Date: 1903-10-28
Jurisdiction: Canada - British Columbia
Court: Supreme Court
Registry: [Subscribers only]
File: [Subscribers only]
Order no.: [Subscribers only]
Parties: Name   Appearing as
  Byron N. White Co.   Plaintiff
  Sandon Water Works and Light Co.   Defendant
Before: Decision maker Title
Irving, Paulus Aemilius J.
Lawyers: Name   Appearing for
  Elliot, John   Plaintiff
  Lennie, Robert Scott   Plaintiff
  Taylor, Sidney S.   Defendant
Experts:  
Taking type/date: [Subscribers only]
Case elements: [Subscribers only]
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.
Comment: [Subscribers only]
Statute references: [Subscribers only]
Case references: [Subscribers only]
Related decisions:      
  Earlier
 
  Later
  [1904] EXLAW 3 B.C. S.C.F.C. 1904-04-19
  [1904] EXLAW 2 S.C.C. 1904-11-21
Neutral citation:  
ExLaw citation: [1903] EXLAW 2
Parallel citations: [1904] B.C.J. No. 54
  (1904) 10 B.C.R. 361
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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