Canadian Railway and Transport Cases (Volume 21)

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.1918 Excerpt: ... land could, by being tilled in a particular way, etc., be made much more valuable, is an element which should be considered in estimating the value of the land. I think that it is clear from the evidence that by accepting a deed the land remaining to the owner would be worth $750 (at least) more than it othenvise would be--this element has been disregarded (I think wrongly) by the arbitrators, and the award should be diminished by 8750--the railway company to tender the deed again to the owner. Success being divided, there should be no costs of this appeal. Falconbridge, C.J.K.B., concurred. Latchford and Kelly, JJ., agreed in the result. Appeal allowed in part. APPEAL--AWARD. CLARKSON (LLOYD) v. CAMPBELLFORD, LAKE ONTARIO & WESTERN RY. CO. (35 O.L.R. 34S.) Supreme Court of Ontario, Hodgins, J.A. January H, 1916. Appeal--Award--Reasons---examination Of Arbitrators---appointMent By SPECIAL EXAMINEr--WITNESS. On an appeal from an award of arbitrators under the Railway Act, the arbitrators cannot be examined on oath for the purpose of obtaining their reasons for the award for the information of the Court; and an appointment issued by a special examiner without leave of the Court for the examination of one of them as a witness, as on a pending motion, was set aside with costs. Motion by respondent to set aside an appointment issued by a special examiner for the examination of His Honour Judge Morgan, one of the arbitrators, to ascertain the reasons actuating the arbitrators in awarding the amount of the award and how they arrived at their figures. Angus MacMurchy, K.C., for the respondent. TV. R. Smyth, K.C., for the appellant. January 14, 1916. Hodgins, J.A.--The desirability of having the reasons for an award given by the arbitrators, and their duty in that r...