| Case name: |
George Jackson Ltd. v. Union Estates 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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George Jackson Ltd. |
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Plaintiff |
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Union Estates Ltd. |
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Defendant |
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| Before: |
Decision maker |
Designation |
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McDonald, David Alexander |
J. |
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| Lawyers: |
Name |
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Appearing for |
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O'Brian, Clarence M. |
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Plaintiff |
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Clyne, John V. |
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Defendant |
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MacRae, Doug K. |
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Defendant |
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| Decision: |
Action brought by a property owner seeking a declaration that the Defendant was a trespasser and for an injunction restraining expropriation proceedings by the Defendant. The Defendant held a water licence issued in 1929 pursuant to the Water Act, R.S.B.C. 1936, c. 305. The water licence authorized the diversion of water in a creek that flowed through the Plaintiff's property. It was held that the Defendant had the statutory power to expropriate a portion of the Plaintiff's property for purposes of exercising the rights granted by the water licence. The action was dismissed. |
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| Related decisions: |
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Later |
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| ExLaw citation: |
[1940] EXLAW 1 |
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| Parallel citations: |
[1940] B.C.J. No. 76 |
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[1940] 1 W.W.R. 461 |
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