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[Back] DECISION DIGEST  
Record no. 1719
Case name: Carroll v. Vancouver (City)
Date: 1904-12-23
Jurisdiction: Canada - British Columbia
Court: Supreme Court
Registry: [Subscribers only]
File: [Subscribers only]
Order no.: [Subscribers only]
Parties: Name   Appearing as
  Carroll   Plaintiff
  Vancouver (City)   Defendant
Before: Decision maker Title
Duff, Lyman Poore J.
Lawyers: Name   Appearing for
  Davis, E.P.   Plaintiff
  Macdonell   Plaintiff
  Hamersley   Defendant
  McPhillips, Lewis G.   Defendant
Experts:  
Taking type/date: [Subscribers only]
Case elements: [Subscribers only]
Decision: Application for an order granting possession of a parcel of land located in North Vancouver. The subject property was occupied and used by the Defendant as part of the City of Vancouver's water supply system. The Defendant had acquired the original water system from the Vancouver Water Works Company in 1891. However when the Defendant later expanded the area occupied for water works purposes it did not prepare a proper description of the land to be acquired for purposes of the Act. As a result the Defendant did not acquire title to the expanded area. It was held that the Plaintiff was entitled to damages in an amount to be determined in a separate proceeding.
Comment: [Subscribers only]
Statute references: [Subscribers only]
Case references: [Subscribers only]
Related decisions:      
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Neutral citation:  
ExLaw citation: [1904] EXLAW 4
Parallel citations: [1904] B.C.J. No. 27
  (1904) 11 B.C.R. 493
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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