Supreme Court of Canada
Regina ex rel. Cedar Crescent Developments Ltd. v. Kelly, [1977] 2 S.C.R. 620
Date: 1976-12-07
Regina ex rel. Cedar Crescent Developments Ltd. Appellant;
and
Allan C. Kelly et al. and Greater Vancouver Regional Board and Greater Vancouver Regional District Respondents.
1976: November 24, 25; 1976: December 7.
Present: Martland, Judson, Spence, Dickson and Beetz JJ.
ON APPEAL FROM THE COURT OF APPEAL FOR BRITISH COLUMBIA
Municipal corporations—Expropriation of land—Compensation set by arbitration—Regional Board dissatisfied with amount of award—By-law to abandon expropriation passed in camera—Validity of by-law—Municipal Act. R.S.B.C. 1960, c. 255, s. 492.
APPEAL from a judgment of the Court of Appeal for British Columbia[1], dismissing an appeal from a judgment of Dryer J. refusing a writ of mandamus to compel the Greater Vancouver Regional Board to comply with an arbitration award. Appeal dismissed.
D.W. Shaw, for the appellant.
J. Giles and P. Parsons, for the respondents.
The judgment of the Court was delivered by
MARTLAND J.—I am in agreement with the reasons and conclusions stated by Maclean J.A. on behalf of the majority of the British Columbia Court of Appeal. I would dismiss the appeal with costs.
Appeal dismissed with costs.
Solicitors for the appellant: Davis & Co., Vancouver.
Solicitors for the respondents: Farris, Vaughan, Wills & Murphy, Vancouver.