| Case name: |
Eckervogt v. British Columbia (Minister of Employment and Investment) |
|
|
|
| Jurisdiction: |
Canada - British Columbia |
|
| Court: |
Expropriation Compensation Board |
|
|
|
|
|
|
|
| Parties: |
Name |
|
Appearing as |
| |
D & B Oilfield Contracting Ltd. |
|
Claimant |
| |
Eckervogt, Heinz |
|
Claimant |
| |
T.D. Oilfield Services Ltd. |
|
Claimant |
| |
Yates, Walter |
|
Claimant |
| |
British Columbia (Minister of Employment and Investment) |
|
Authority |
|
| Before: |
Decision maker |
Designation |
|
Eames, Lesley |
Member |
| |
Greenwood, Julian K. |
Member |
| |
Walls, Sharon I. |
Vice-Chair |
|
| Lawyers: |
Name |
|
Appearing for |
| |
Jackson, Stephen B. |
|
Claimant |
| |
Preston, Timothy S. |
|
Claimant |
| |
Schuck, Andrew P. |
|
Claimant |
| |
Hincks, Alan V.W. |
|
Authority |
|
| Experts: |
Name |
Occupation |
Appearing for |
| |
Clarkson, Randy |
Engineer |
Claimant |
| |
McGillivray, Michael |
Accountant |
Claimant |
| |
Milner, Michael |
Geologist |
Claimant |
| |
Morison, Stephen |
Geologist |
Claimant |
| |
Symes, Toby McLean |
Valuator |
Claimant |
| |
Crosson, Richard F. |
Valuator |
Authority |
| |
Hodos, Ellen F. |
Geologist |
Authority |
| |
Hodos, James |
Geologist |
Authority |
| |
Levson, Victor |
Geologist |
Authority |
|
|
|
|
|
|
|
| Decision: |
Compensation award by the Expropriation Compensation Board pursuant to the Expropriation Act, R.S.B.C. 1996, c. 125 for the constructive expropriation of three placer gold mining leases. The mining leases were effectively expropriated as a result of a provincial order in council establishing a provincial park. An award was made to the Claimant Eckervogt in the amount of $110,000 for market value of the mining leases. After deduction of the advance payment of $100,000, Eckervogt's net award was $10,000. An award was made to the Claimant T.D. in the amount of $75,000 for disturbance damages. However, the Authority had made an advance payment of $250,000 so the Board certified the overpayment of $175,000 as a debt due from T.D. to the Authority. An award was made to the Claimant Yates in the amount of $20,000 for disturbance damages. Yates had not received an advance payment so his net award was $20,000. The issue of interest and costs was adjourned for determination at a later date. |
|
|
|
|
|
|
|
|
|
|
|
| ExLaw citation: |
[2001] EXLAW 338 |
|
| Parallel citations: |
(2001) 75 L.C.R. 161 |
|
|
|
