| Case name: |
Victoria (City) v. MacKay |
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| Jurisdiction: |
Canada - British Columbia |
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| Parties: |
Name |
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Appearing as |
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Mackay, Frances J. |
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Claimant |
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Victoria (City) |
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Authority |
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| Before: |
Decision maker |
Designation |
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Eberts, David MacEwan |
J.A. |
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Macdonald, James Alexander |
C.J.A. |
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Martin, Archer Evans Stringer |
J.A. |
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McPhillips, Albert Edward |
J.A. |
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| Lawyers: |
Name |
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Appearing for |
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Maclean, H.A. |
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Claimant |
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McDiarmid, Frederick A. |
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Authority |
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| Decision: |
Appeal by the Authority from a lower court decision holding that the Authority's attempt to expropriate land from the Claimant was valid. The Authority had adopted an expropriation by-law in 1910 to acquire part of the Claimant's land to permit the widening of Douglas Street in the City of Victoria. The Authority complied with the by-law registration requirement found in s. 86 of the Municipal Clauses Act, S.B.C. 1906, c. 32. However, it did not file a copy in the Land Registry Office and it did not publish a copy in the Gazette as required by s. 50(142) of the Act. During arbitration proceedings to fix compensation payable, the Authority decided that it wished to abandon the exropriation. The Authority raised an objection to the arbitration on grounds that the expropriation proceeding was not valid. The Court held that the filing and publication requirements in s. 50 were directory but not mandatory. The by-law was found to be valid and the appeal was dismissed. |
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| ExLaw citation: |
[1917] EXLAW 1 |
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| Parallel citations: |
[1917] B.C.J. No. 102 |
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(1917) 25 B.C.R. 23 |
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1917 Can LII 391 |
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(1917) 39 D.L.R. 450 |
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[1918] 1 W.W.R. 863 |
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