Canadian Railway and Transport Cases (Volume 11)

This historic book may have numerous typos and missing text. Purchasers can download a free scanned copy of the original book (without typos) from the publisher. Not indexed. Not illustrated. 1911. Excerpt: ... CANADIAN RAILWAY CASJ& ARBITRATION--APPEAL FROM AWARD. Quebec superior Court6. Ontario & Quebec R.W. Co. V. Vallieres. Q.R. 36 8.C. 349.) Expropriations under the Railway Act, eh. 37, R.S.C. 1906--Arbitration--Remedy Against Arbitrators' Award--Irregularities and Nullities--Award Null in Part and Good for Remainder--Lump Sum for the Items of Compensation--Damages which may Properly be Subject of Indemnity--Proprietors Bordering on Public Canals--Nullity of an Award Based upon Illegal Evidence--Power of the Court to Fix the Indemnity. Held, 1. The appeal to the Superior Court from the decision of arbitrators in matters of expropriation for a railway given under section 209 of ch. 37, R.S.C. 1906, and the action to annul the award under the law of the Province of Quebec recognized under sub-section 4 of the same section, are separate remedies which can not be joined in one and the same demand. 2. A difference between the award as established by the deed executed by the arbitrators before a notary and the award as recorded on the minutes of the final session of the arbitrators is an irregularity, but does not necessarily entail nullity. 3. The nullity of one part of the award only entails the nullity of the remainder if the award is indivisible or if one of the parties suffers prejudice. Consequently the award which adjudicates upon the costs of the arbitration notwithstanding that the law itself determines upon whom they shall fall, is null for such part only, but may be valid for the rest. 4. When the indemnity is for several different objects, that is to say, land expropriated, buildings, inconveniences resulting from the expropriation, etc., it is not necessary that the award should specify the amount awarded under each heading. It may fix a lump sum ...