| Case name: |
Eckervogt v. British Columbia |
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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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Busat, Douglas |
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Claimant |
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D & B Oilfield Contracting Ltd. |
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Claimant |
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Eckervogt, Heinz |
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Claimant |
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T.D. Oilfield Services Ltd. |
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Claimant |
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Yates, Walter |
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Claimant |
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British Columbia |
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Authority |
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| Before: |
Decision maker |
Designation |
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Campbell, Douglas D. |
Arbitrator |
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| Lawyers: |
Name |
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Appearing for |
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Preston, Timothy S. |
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Claimant |
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Schuck, Andrew P. |
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Claimant |
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Pearce, William A. |
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Authority |
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| Experts: |
Name |
Occupation |
Appearing for |
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Clarkson, Randy |
Engineer |
Claimant |
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McGillivray, Michael |
Accountant |
Claimant |
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Milner, Michael |
Geologist |
Claimant |
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Symes, Toby McLean |
Valuator |
Claimant |
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Barke, Tony |
Valuator |
Authority |
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Levson, Victor |
Geologist |
Authority |
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| Decision: |
Arbitration award arising from a constructive expropriation of the Claimants' placer mining claims. The Crown had established a Provincial Park over the area occupied by the placer mining claims. In an earlier decision, the Arbitrator had directed the Authority to voluntarily permit the Claimants to continue mining to completion, but also awarded $1,000,000 in the event the Authority refused to do so. In the present decision, the Arbitrator awarded compensation in the amount of $3,917,681.00 without expressly allocating it between the various Claimants. |
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| ExLaw citation: |
[1997] EXLAW 1 |
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