| Case name: |
Banfield v. Vancouver, Victoria and Eastern Railway and Navigation Co. |
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| Jurisdiction: |
Canada - British Columbia |
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| Parties: |
Name |
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Appearing as |
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Vancouver, Victoria and Eastern Railway and Navigation Company |
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Appellant |
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Banfield, John J. |
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Respondent |
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Deane, Evans B. |
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Respondent |
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| Before: |
Decision maker |
Designation |
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Galliher, William Alfred |
J.A. |
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Irving, Paulus Aemilius |
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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| Lawyers: |
Name |
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Appearing for |
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MacNeill, Albert Howard |
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Appellant |
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Armour, Douglas |
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Respondent |
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Grant, J.R. |
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Respondent |
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Innes, Anthony W.V. |
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Respondent |
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| Decision: |
Appeal by a railway company from a trial court decision setting aside an arbitration award made pursuant to the Railway Act, R.S.C. 1906, c. 37. The arbitration proceeding resulted from the construction of a railway across the False Creek Flats in Vancouver which cut off access from the ocean to the subject properties. No land was taken. The arbitrators had awarded $1 compensation for each of the affected properties but did not state their reasons for doing so and in particular did not state whether any set-off of benefits had been allowed. The appeal was dismissed. |
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| ExLaw citation: |
[1912] EXLAW 3 |
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| Parallel citations: |
[1912] B.C.J. No. 57 |
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(1912) 17 B.C.R. 282 |
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1912 Can LII 1028 |
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(1912) 14 Can.Ry.Cas. 101 |
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(1912) 8 D.L.R. 422 |
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(1912) 21 W.L.R. 761 |
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(1912) 2 W.W.R. 688 |
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