| Case name: |
DKS & VW Venturers Corp. v. School District No. 34 (Abbotsford) |
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| Jurisdiction: |
Canada - British Columbia |
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| Parties: |
Name |
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Appearing as |
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DKS & VW Venturers Corp. |
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Claimant |
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Elgon Investments Ltd. |
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Claimant |
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L'Abri Project Ten Ltd. |
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Claimant |
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Oscar Dayton Estates Ltd. |
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Claimant |
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School District No. 34 (Abbotsford) |
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Authority |
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British Columbia (Attorney General) |
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Other |
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British Columbia (Expropriation Compensation Board) |
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Other |
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| Before: |
Decision maker |
Designation |
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Stewart, Allan M. |
J. |
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| Lawyers: |
Name |
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Appearing for |
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Melville, J. Bruce |
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Claimant |
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MacKinnon, Ian D. |
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Authority |
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Mullett, Robert |
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Other |
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| Decision: |
Application to court by the Claimants for various declarations intended to determine the validity of a compensation award of the British Columbia Expropriation Compensation Board. The Claimants' property was located in Abbotsford. Part of the subject property was acquired by the Authority for a school site. In September 2004, the Board conducted a compensation hearing pursuant to the Expropriation Act, R.S.B.C. 1996, c. 125. Following the compensation hearing but before the compensation award was released, the Act was amended. The amendments abolished the Board and transferred its functions to the British Columbia Supreme Court. On the same date as the amendments took effect, a regulation was adopted which provided transitional procedures. The Board released its compensation award two months after the amendments to the Act came into effect. The Petitioners alleged that the regulation was invalid. It was held that the regulation was valid and the application was dismissed. |
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| Neutral citation: |
2006 BCSC 599 |
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| ExLaw citation: |
[2006] EXLAW 307 |
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| Parallel citations: |
(2006) 149 A.C.W.S. (3d) 30 |
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[2006] B.C.J. No. 838 |
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(2006) 89 L.C.R. 135 |
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