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[Back] DECISION DIGEST  
Record no. 465
Case name: Rawcliffe v. British Columbia (Minister of Environment, Lands and Parks)
Date: 2002-02-06
Jurisdiction: Canada - British Columbia
Court: Expropriation Compensation Board
Release registry: [Subscribers only]
Court file: [Subscribers only]
Order no.: [Subscribers only]
Parties: Name   Appearing as
  Rawcliffe, Barbara Irene   Claimant
  Rawcliffe, Nicholas Neve   Claimant
  British Columbia (Minister of Environment Lands and Parks)   Authority
Before: Decision maker Designation
Dossa, Firoz R. Member
  Grover, Michael R. Member
  Shorthouse, Robert W.C. Chair
Lawyers: Name   Appearing for
  Coates, John A.   Claimant
  Crowhurst, Frances   Authority
Experts: Name Occupation Appearing for
  Dyer, Slade Elgin Planner Claimant
  Verbenkov, Oleg Planner Claimant
  Whyte, Ian W. Environmental Consultant Claimant
  Wollenberg, Jay Planner Authority
Taking type: [Subscribers only]
Valuation date: [Subscribers only]
Case elements: [Subscribers only]
Decision: Application to the Expropriation Compensation Board, pursuant to the Expropriation Act, R.S.B.C. 1996, c. 125, to determine whether the Authority was liable for a constructive expropriation of the Claimants' land. The Claimants alleged that the Authority's land development guidelines pertaining to protection of fish habitat had deprived the Claimants of all reasonable uses of their land. The Board dismissed the application on the basis that it did not have jurisdiction but nevertheless went on to make a number of findings on many of the other legal issues raised by the claim.
Comment: [Subscribers only]
Statute references: [Subscribers only]
Case references: [Subscribers only]
Related decisions:      
  Earlier
 
  Later
 
Neutral citation: N/A
ExLaw citation: [2002] EXLAW 301
Parallel citations: (2002) 76 L.C.R. 265
Reasons: [Subscribers only]
Digests contain original content produced by ExLaw and copyright in this content is held by Dicta Legal Services Ltd. (dba Expropriation Law Centre). Reasons for decision are the text of original decisions released by the court or tribunal and edited for accuracy where required. No copyright is claimed for these materials.
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