| Case name: |
Associated Building Credits Ltd. 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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Associated Building Credits Ltd. |
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Claimant |
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British Columbia (Minister of Transportation and Highways) |
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Authority |
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| Before: |
Decision maker |
Designation |
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Hall, John Edward |
J.A. |
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Huddart, Carole Mahood |
J.A. |
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Smith, Kenneth J. |
J.A. |
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| Lawyers: |
Name |
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Appearing for |
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Gosnell, S. |
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Claimant |
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McDaniel, R. Brian |
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Claimant |
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Hincks, Alan V.W. |
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Authority |
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| Experts: |
Name |
Occupation |
Appearing for |
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Osland, David T. |
Appraiser |
Authority |
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| Decision: |
Appeal by the Claimant from a compensation award made by the British Columbia Expropriation Compensation Board, pursuant to the Expropriation Act, R.S.B.C. 1996, c. 125. Partial taking of an approximate 3 ac. portion of a 9 ac. parcel of vacant land located in the Town of View Royal. The land was taken for purposes of a highway interchange. The parties had settled the compensation claims for market value and injurious affection prior to the hearing before the Board. As a result the Board was required to consider only the claims for disturbance damages. The Board awarded $20,378.71 for development expenses thrown away as a result of the expropriation. However a claim for damages for loss of use of the land during a period of 7 years prior to the expropriation date was dismissed. On appeal, it was held that the Board had erred in its approach to the second issue. The appeal was allowed in part and the award was increased by $310,000 plus interest. The Claimant was also awarded 50% of the costs of the appeal. |
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| Neutral citation: |
2007 BCCA 546 |
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| ExLaw citation: |
[2007] EXLAW 312 |
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| Parallel citations: |
(2007) 162 A.C.W.S. (3d) 82 |
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(2007) 248 B.C.A.C. 101 |
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[2007] B.C.J. No. 2406 |
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(2007) 73 B.C.L.R. (4th) 109 |
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2007 CarswellBC 2681 |
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(2007) 286 D.L.R. (4th) 240 |
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(2007) 93 L.C.R. 129 |
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(2007) 62 R.P.R. (4th) 1 |
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(2007) 412 W.A.C. 101 |
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[2008] 2 W.W.R. 44 |
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