| Case name: |
Blue Haven Motel Ltd. v. Burnaby (District) |
|
|
|
| Jurisdiction: |
Canada - British Columbia |
|
|
|
|
|
|
|
|
|
| Parties: |
Name |
|
Appearing as |
| |
Blue Haven Motel Ltd. |
|
Appellant |
| |
Burnaby (District) |
|
Respondent |
|
| Before: |
Decision maker |
Designation |
|
Bull, Ernest Bolton |
J.A. |
| |
Lord, Arthur |
J.A. |
| |
Norris, Thomas Grantham |
J.A. |
|
| Lawyers: |
Name |
|
Appearing for |
| |
Carmichael, D.W. |
|
Appellant |
| |
Stirling, W.L. |
|
Respondent |
|
|
|
|
|
|
|
|
|
| Decision: |
Appeal by the property owner from the dismissal of an application to quash an expropriation bylaw. The Respondent had commenced expropriation proceedings pursuant to the Municipal Act, R.S.B.C. 1960, c. 255 for the purpose of acquiring a right of way to install a sewer pipeline through the Appellant's property. The Court held that the property rights purported to be expropriated under the bylaw were so inadequately defined as to make the bylaw bad for uncertainty. The appeal was allowed and the bylaw was quashed. |
|
|
|
|
|
|
|
| Related decisions: |
|
|
|
| |
Earlier |
| |
| |
Later |
| |
|
|
|
| ExLaw citation: |
[1965] EXLAW 2 |
|
| Parallel citations: |
[1965] B.C.J. No. 144 |
| |
(1965) 52 D.L.R. (2d) 464 |
| |
(1965) 52 W.W.R. 345 |
|
|
|
