| Case name: |
Okanagan Opal Inc. v. British Columbia (Minister of Transportation and Highways) |
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| Jurisdiction: |
Canada - British Columbia |
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| Parties: |
Name |
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Appearing as |
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Okanagan Opal Inc. |
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Plaintiff |
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Opal Resources Canada Inc. |
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Plaintiff |
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Y-H Technical Services Ltd. |
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Plaintiff |
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Yorke-Hardy, Alana |
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Plaintiff |
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Yorke-Hardy, Robert |
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Plaintiff |
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British Columbia (Minister of Transportation and Highways) |
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Defendant |
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| Before: |
Decision maker |
Designation |
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Holmes, Ronald R. |
J. |
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| Lawyers: |
Name |
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Appearing for |
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Frame, Jeffrey G. |
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Plaintiff |
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Hincks, Alan V.W. |
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Defendant |
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| Experts: |
Name |
Occupation |
Appearing for |
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Ardagh |
Valuator |
Plaintiff |
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Price |
Geologist |
Plaintiff |
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Rossworn, Murray |
Valuator |
Plaintiff |
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McEwen, Paul D. |
Valuator |
Defendant |
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Wollenberg |
Valuator |
Defendant |
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Zinkhofer, Bernhard J. |
Lawyer |
Defendant |
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| Decision: |
Application by property owners for determination of compensation payable following an expropriation conducted pursuant to the Expropriation Act, R.S.B.C. 1996, c. 125. Full taking of a parcel of land located north of the City of Vernon from which one of the Claimants operated a jewellry manufacturing business. The subject property was acquired to permit a highway improvement project. The business relocated following expropriation. The Claimants had submitted compensation claims totalling $2.2 million. The Authority had made advance payments on compensation totalling $362,409 prior to the compensation hearing. The parties settled all claims except for disturbance damages prior to commencement of the hearing. The court awarded $50,666.16 in additional compensation for a permanent loss of sales. |
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| Related decisions: |
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Earlier |
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Later |
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| Neutral citation: |
2007 BCSC 754 |
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| ExLaw citation: |
[2007] EXLAW 306 |
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| Parallel citations: |
(2007) 159 A.C.W.S. (3d) 228 |
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[2007] B.C.J. No. 1168 |
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(2007) 92 L.C.R. 239 |
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(2007) 58 R.P.R. (4th) 232 |
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