| Case name: |
Mutual Development Corp. Ltd. v. Burnaby (District) |
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| Jurisdiction: |
Canada - British Columbia |
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| Court: |
Arbitration proceeding |
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| Parties: |
Name |
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Appearing as |
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Mutual Development Corporation Ltd. |
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Claimant |
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Burnaby (District) |
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Authority |
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| Before: |
Decision maker |
Designation |
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Guest, G.T. |
Arbitrator |
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Guile, Robert H. |
Arbitrator |
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Insley, James R. |
Arbitrator |
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| Lawyers: |
Name |
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Appearing for |
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Johnstone, W. Charles |
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Claimant |
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Lester, R.E. |
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Authority |
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Saunders, M. |
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Authority |
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| Experts: |
Name |
Occupation |
Appearing for |
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Keenleyside, Allen |
Appraiser |
Claimant |
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Zerbst, R.H. |
Appraiser |
Claimant |
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Conroy, Brian P. |
Appraiser |
Authority |
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Williamson, Keith Irvine |
Appraiser |
Authority |
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| Decision: |
Arbitration award of compensation following the expropriation of a parcel of land in 1971 pursuant to the Municipal Act, R.S.B.C. 1960, c. 255. The subject property was located in Burnaby and it was taken for purposes of establishing a park at Burnaby Lake. The surveyed area was 35.5 ac. However one of the issues in dispute was whether an additional area of 16 ac. had accreted to the subject property. The arbitrators awarded $235,000 for market value of the land taken. A claim for a 10% allowance for compulsory taking was dismissed. Two cost awards were made to Burnaby in respect of adjournment applications. The arbitrators declined to award costs for the arbitration itself pending disclosure of additional evidence of a possible offer by Burnaby pursuant to s. 501 of the Municipal Act. |
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| ExLaw citation: |
[1980] EXLAW 28 |
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