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[Back] DECISION DIGEST  
Record no. 973
Case name: Banfield v. Vancouver, Victoria and Eastern Railway and Navigation Co.
Date: 1912-02-28
Jurisdiction: Canada - British Columbia
Court: Supreme Court
Release registry: [Subscribers only]
Court file: [Subscribers only]
Order no.: [Subscribers only]
Parties: Name   Appearing as
  Banfield, John J.   Applicant
  Deane, Evans B.   Applicant
  Vancouver, Victoria and Eastern Railway and Navigation Company   Respondent
Before: Decision maker Designation
Gregory, Francis Brooke J.
Lawyers: Name   Appearing for
  Armour, Douglas   Applicant
  Grant, J.R.   Applicant
  Taylor, A. Dunbar   Applicant
  MacNeill, Albert Howard   Respondent
Experts:  
Taking type: [Subscribers only]
Valuation date: [Subscribers only]
Case elements: [Subscribers only]
Decision: Application by property owners for an order setting aside an arbitration award of compensation made pursuant to the Railway Act, R.S.C. 1906, c. 37. The arbitration proceedings arose from construction of a railway by the Respondent which cut off access from the ocean to the subject properties owned by the Applicants. No land was taken. The subject properties were located on the False Creek Flats in the City of Vancouver. The arbitrators awarded $1 compensation for each of the subject properties but did not state how they had arrived at this award or whether benefits had been set-off against compensation otherwise payable. The arbitration awards were set aside.
Comment: [Subscribers only]
Statute references: [Subscribers only]
Case references: [Subscribers only]
Related decisions:      
  Earlier
 
  Later
  [1912] EXLAW 3 B.C. C.A. 1912-06-28
  [1912] EXLAW 4 B.C. S.C. 1912-09-12
Neutral citation: N/A
ExLaw citation: [1912] EXLAW 2
Parallel citations: [1912] B.C.J. No. 57
  [1912] B.C.J. No. 106
  (1912) 1 D.L.R. 363
  (1912) 20 W.L.R. 387
  (1912) 1 W.W.R. 894
Reasons: [Subscribers only]
Digests contain original content produced by ExLaw and copyright in this content is held by Dicta Legal Services Ltd. (dba Expropriation Law Centre). Reasons for decision are the text of original decisions released by the court or tribunal and edited for accuracy where required. No copyright is claimed for these materials.
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