| Case name: |
Victoria (City) v. MacKay |
|
|
|
| Jurisdiction: |
Canada - Federal |
|
| Court: |
Supreme Court of Canada |
|
|
|
|
|
|
|
| Parties: |
Name |
|
Appearing as |
| |
Mackay, Frances J. |
|
Claimant |
| |
Victoria (City) |
|
Authority |
|
| Before: |
Decision maker |
Designation |
|
Anglin, Francis Alexander |
J. |
| |
Brodeur, Louis-Philippe |
J. |
| |
Davies, Sir Louis Henry |
J. |
| |
Fitzpatrick, Sir Charles |
C.J.C. |
| |
Idington, John |
J. |
|
| Lawyers: |
Name |
|
Appearing for |
| |
Maclean, H.A. |
|
Claimant |
| |
McDiarmid, Frederick A. |
|
Authority |
|
|
|
|
|
|
|
|
|
| Decision: |
Second appeal by the Authority from a lower court decision which held that an expropriation was valid. The Authority adopted an expropriation by-law on May 29, 1910 to acquire part of the Claimant's land to permit the widening of Douglas Street in the City of Victoria. However, it failed to register the by-law in the Land Title Office and it failed to publish the by-law in the Gazette as required by the Municipal Clauses Act, S.B.C. 1906, c. 32, s. 50(142). During arbitration proceedings to fix compensation, the Authority decided that it wished to abandon the expropriation. It objected to the arbitration on grounds that the expropriation was not valid for failure to comply with the procedural requirements. The objection was referred to the lower court for determination. On this appeal, it was held that the failure to publish the by-law was fatal and the expropriation was invalid. |
|
|
|
|
|
|
|
|
|
|
|
| ExLaw citation: |
[1918] EXLAW 1 |
|
| Parallel citations: |
(1918) 41 D.L.R. 498 |
| |
[1918] S.C.J. No. 20 |
| |
(1918) 56 S.C.R. 524 |
| |
[1918] 2 W.W.R. 610 |
|
|
|
