Case name: |
Calgary and Edmonton Railway Co. v. Saskatchewan Land and Homestead Co. |
|
|
Jurisdiction: |
Canada - Alberta |
|
|
|
|
|
Parties: |
Name |
|
Appearing as |
|
Calgary and Edmonton Railway Company |
|
Plaintiff |
|
Saskatchewan Land and Homestead Company (Limited) |
|
Defendant |
|
Trusts and Guarantee Company |
|
Defendant |
|
Decision makers: |
Name |
Designation |
|
Ives, William Carlos Ives |
J. |
|
Lawyers: |
Name |
|
Appearing for |
|
Walker, George A. |
|
Plaintiff |
|
Ford, Frank |
|
Defendant |
|
|
|
|
|
Decision: |
Action by an expropriating authority to recover costs awarded to the authority in an arbitration proceeding. The arbitration had been conducted to determine compensation payable by the Plaintiff to the Defendant property owner following an expropriation carried out pursuant to the Railway Act, R.S.C. 1906, c. 37. Costs had been assessed in an amount that exceeded the compensation payable and the court was required to determine whether the authority was entitled to enforce payment of the cost award to the extent that it could not be set-off against the compensation award. The authority was granted judgment for the amount claimed and costs of the action to enforce the cost award. |
|
|
|
|
ExLaw citation: |
[1918] EXLAW 5 |
|
|
Parallel citations: |
(1918) 44 D.L.R. 133 |
|
[1919] 1 W.W.R. 1 |
|
|
|