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[Back] DECISION DIGEST  
Record no. 701
Case name: Spur Valley (Improvement District) v. Checkman Holdings (Calgary) Ltd.
Date: 2004-01-15
Jurisdiction: Canada - British Columbia
Court: Expropriation Compensation Board
Release registry: [Subscribers only]
Court file: [Subscribers only]
Order no.: [Subscribers only]
Parties: Name   Appearing as
  Checkman Holdings (Calgary) Ltd.   Claimant
  Spur Valley (Improvement District)   Authority
Before: Decision maker Designation
Shorthouse, Robert W.C. Chair
Lawyers: Name   Appearing for
  Purdy, Glen A.   Claimant
  Fairley, Bruce F.   Authority
Experts:  
Taking type: [Subscribers only]
Valuation date: [Subscribers only]
Case elements: [Subscribers only]
Decision: Application by the Claimant, pursuant to the Expropriation Act, R.S.B.C. 1996, c. 125, s. 19, for damages arising from the abandonment of an expropriation. The Authority had commenced an expropriation pursuant to the Water Act, R.S.B.C. 1979, c. 429, in November 1995. The expropriation proceedings were discontinued in February 2002. The Authority applied to the Board for a determination of whether it had jurisdiction to hear the Claimant's application. The Board held that in this case it did not have jurisdiction to make an award pursuant to s. 19(4) of the Expropriation Act nor did it have jurisdiction to make an award of costs.
Comment: [Subscribers only]
Statute references: [Subscribers only]
Case references: [Subscribers only]
Related decisions:      
  Earlier
  [1996] EXLAW 210 B.C. S.C. 1996-11-28
  [1998] EXLAW 265 B.C. S.C. 1998-06-11
  [1999] EXLAW 301 B.C. E.C.B. 1999-06-01
  [2000] EXLAW 332 B.C. S.C. 2000-11-28
  [2001] EXLAW 340 B.C. S.C. 2001-11-26
  Later
  [2006] EXLAW 317 B.C. S.C. 2006-12-07
  [2008] EXLAW 302 B.C. C.A. 2008-02-22
Neutral citation: N/A
ExLaw citation: [2004] EXLAW 302
Parallel citations: (2004) 83 L.C.R. 54
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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Page last updated: April 21, 2024