Majority
Per Davies C.J.-Under the special terms Geo. V. ch. was ultra vires the city respondent to expropriate more lands than required for the extension the mentioned street, and, therefore, the city had not only the right but the duty to desist from the expropriation lands not necessary for such extension.
Per Idington J. (dissenting)
-A landowner, served with a notice to treat by any legal entity upon which the legislature has conferred the right of expropriation, can apply for a mandamus, and it is his only proper remedy, to compel that party so asserting its power to proceed, by the appointed meanis given, to determine the amount of compensation the landowner may be entitled to.
Per Brodeur and Mignault JJ.-As the general law governing propriations in Quebec (R.S.Q.
Articles 7581 referred to in the special statute governing the present proceedings, is designated as a "Matter relating to the Code of Civil Procedure" (R.S.Q. Title XII.,) in the absence of any provision in the said general law regarding discontinuance expropriations, reference may be made to the Code of Civil Procedure; and under the terms of Articles and 1437 C.P., the respondent had the right to discontinue its expropriation proceedings.
Judgment of the Court King's Bench (Q.R. K.B. affirmed, Idington J. dissenting.
APPEAL from the judgment of the Court of King's Bench, appeal side (1), reversing the judgment of the *PRESENT:-Sir Louis Davies C.J. and Idington, Anglin, Brodeur and Mignault JJ.
(1) Q.R. K.B. 1.