| Case name: |
Hanna v. Victoria (City) |
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| Jurisdiction: |
Canada - British Columbia |
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| Parties: |
Name |
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Appearing as |
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Hanna, William James |
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Plaintiff |
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Victoria (City) |
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Defendant |
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| Before: |
Decision maker |
Designation |
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Morrison, Aulay |
J. |
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| Lawyers: |
Name |
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Appearing for |
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McDiarmid, Frederick A. |
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Plaintiff |
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Hannington, Robert Wetmore |
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Defendant |
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| Decision: |
Referral to the court of several legal questions posed by arbitrators conducting an arbitration pursuant to s. 357 of the Municipal Act, S.B.C. 1914, c. 52. Partial taking of the Claimant's property for purposes of establishing a 10-foot wide lane at the rear of the subject property. During the arbitration hearing the Authority alleged that the lane project was intended to be carried out entirely at the expense of the adjacent land owners as a local improvement under the Act. The Authority wished to introduce evidence of the amount of the benefit of the lane to the Claimant's remaining land which it said should be set off against compensation otherwise payable. The court held that the benefit should be set-off including the cost chargeable to the Claimant for the cost of the work. |
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| ExLaw citation: |
[1916] EXLAW 2 |
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| Parallel citations: |
(1916) 24 B.C.R. 110 |
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(1916) 35 D.L.R. 798 |
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[1917] 3 W.W.R. 245 |
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