For the purl.uoes expropriation under the Dominion "Railway Act," unless lots laid out on the owner's registered plan are united as to form one complete whole, each lot taken by the railway company is an independent, separate and complete property itself and the owner is not entitled to compensation for injurious affection to any such lot, which part is taken and which is severed from the land expropriated by a railway land sold to another person. Cooper-Esser Local Board for Acton Cas. distinguished.
Duff and Anglin JJ. contra.
The owner of land adjacent to or abutting upon the street which a railway passes is entitled, by 1 & to compensation for injury to such land, but the compensation can only awarded the Board of Railway Commissioners and is not a matter for arbitration under the "Railway Act."
Held, per Duff and Anglin JJ.-The arbitrators appointed to value land expropriated are functi when their award is livered and an appellate court has no power to remit the matter to them for further consideration.
Cedars Rapids Manutfacturing Co. Lacoste ( 569), referred to.
APPEAL from a decision of an Appellate Division of the Supreme Court of Ontario varying an award of *PRESENT:-Sir Charles Fitzpatrick CJ. and Idington. Duff, Anglin and Brodeur JJ.