| Case name: |
Ingham v. Creston (Town) |
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| Jurisdiction: |
Canada - British Columbia |
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| Parties: |
Name |
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Appearing as |
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Ingham, Albert Cecil |
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Appellant |
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Ingham, Lillian Rose |
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Appellant |
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Kowalski, Helen |
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Appellant |
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Kowalski, Russel |
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Appellant |
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Kowalski, Samuel |
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Appellant |
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Creston (Town) |
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Respondent |
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Jamieson, Frank Herbert |
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Respondent |
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Jamieson, Mildred Johanna |
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Respondent |
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| Before: |
Decision maker |
Designation |
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Esson, William A. |
J.A. |
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McEachern, Allan |
C.J.B.C. |
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Rowles, Mildred Anne |
J.A. |
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| Lawyers: |
Name |
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Appearing for |
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Burke, Reinhard |
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Appellant |
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Melville, J. Bruce |
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Respondent |
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| Decision: |
Appeal by several owners from a compensation award made by the Expropriation Compensation Board pursuant to the Expropriation Act, R.S.B.C. 1996, c. 125. The award resulted from a partial taking for road widening purposes from several residential properties. The Appellants alleged that the Board had erred in its calculation of injurious affection by relying on a post-taking sale of one of the subject properties. It was alleged that the effect of relying on this sale was to set-off general benefits against injurious affection. The Court agreed and held that general benefits cannot be set-off against injurious affection. |
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| Neutral citation: |
1999 BCCA 178 |
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| ExLaw citation: |
[1999] EXLAW 295 |
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| Parallel citations: |
(1999) 86 A.C.W.S. (3d) 1078 |
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(1999) 121 B.C.A.C. 9 |
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[1999] B.C.J. No. 645 |
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(1999) 66 B.C.L.R. (3d) 61 |
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(1999) 170 D.L.R. (4th) 608 |
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(1999) 66 L.C.R. 161 |
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(1999) 198 W.A.C. 9 |
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