| Case name: |
Davie 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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Davie |
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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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Clement, William Henry Pope |
J. |
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| Lawyers: |
Name |
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Appearing for |
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Maclean, H.A. |
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Plaintiff |
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Copeman, J.Y. |
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Defendant |
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McDiarmid, Frederick A. |
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Defendant |
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| Decision: |
Application by an property owner for a declaration that the Defendant expropriating authority was not entitled to abandon an expropriation. The Defendant expropriated the Plaintiff's property for water works purposes by proceedings taken under the Corporation of Victoria Water Works Act, S.B.C. 1873, c. 20 (as amended by S.B.C. 1892, c. 64). Following arbitration the Plaintiff was awarded $13,500 in compensation. After the arbitrator's award of compensation had been released and before the award had been paid, the Defendant gave notice that it intended to abandon the expropriation and take a smaller amount of the Plaintiff's land rather than pay the arbitration award. The Court held that the Defendant did not have a right to abandon at this stage of the proceedings. The declaration was granted and costs were awarded to the Plaintiff. |
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| Related decisions: |
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Earlier |
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Later |
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| ExLaw citation: |
[1912] EXLAW 1 |
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| Parallel citations: |
[1912] B.C.J. No. 23 |
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(1912) 17 B.C.R. 102 |
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(1912) 2 D.L.R. 287 |
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(1912) 20 W.L.R. 544 |
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(1912) 1 W.W.R. 1021 |
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