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[Back] DECISION DIGEST  
Record no. 1601
Case name: George Jackson Ltd. v. Union Estates Ltd.
Date: 1940-02-05
Jurisdiction: Canada - British Columbia
Court: Supreme Court
Registry: [Subscribers only]
File: [Subscribers only]
Order no.: [Subscribers only]
Parties: Name   Appearing as
  George Jackson Ltd.   Plaintiff
  Union Estates Ltd.   Defendant
Before: Decision maker Title
McDonald, David Alexander J.
Lawyers: Name   Appearing for
  O'Brian, Clarence M.   Plaintiff
  Clyne, John V.   Defendant
  MacRae, Doug K.   Defendant
Experts:  
Taking type/date: [Subscribers only]
Case elements: [Subscribers only]
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.
Comment: [Subscribers only]
Statute references: [Subscribers only]
Case references: [Subscribers only]
Related decisions:      
  Earlier
 
  Later
 
Neutral citation:  
ExLaw citation: [1940] EXLAW 1
Parallel citations: [1940] B.C.J. No. 76
  [1940] 1 W.W.R. 461
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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