| Case name: |
Kliman v. School District No. 63 (Saanich) |
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| Jurisdiction: |
Canada - British Columbia |
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| Court: |
Expropriation Compensation Board |
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| Parties: |
Name |
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Appearing as |
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Kliman, Eva |
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Claimant |
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Kliman, Peter |
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Claimant |
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Kliman, Roko |
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Claimant |
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Kliman, Vera |
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Claimant |
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Phoenix Estates Ltd. |
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Claimant |
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School District No. 63 (Saanich) |
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Respondent |
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| Before: |
Decision maker |
Designation |
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Eames, Lesley |
Member |
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Harvey, Jeanne |
Chair |
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Walls, Sharon I. |
Member |
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| Lawyers: |
Name |
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Appearing for |
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Alexander, L. John |
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Claimant |
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Armstrong, D. Laurence |
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Claimant |
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Williamson, Barry S. |
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Respondent |
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| Experts: |
Name |
Occupation |
Appearing for |
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Blake, Gary J. |
Appraiser |
Claimant |
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Davies, Brian K. |
Appraiser |
Claimant |
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Orrico, Leonard |
Surveyor |
Claimant |
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Gordon, Richard W. |
Appraiser |
Respondent |
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| Decision: |
Two applications by the Claimants to the British Columbia Expropriation Compensation Board for determination of compensation pursuant to the Expropriation Act, S.B.C. 1987, c. 23. Full taking of a 4.9 ac. parcel of land located in Saanich. At the date of taking, the subject property was subject to an Agreement for Purchase and Sale which had not yet completed. It was held that the purchaser under the Agreement was an owner for purposes of the Act. The Agreement was frustrated by the expropriation. The vendor was entitled to compensation for the purchase price and the purchaser was entitled to receive market value less the purchase price. The Board awarded $1,292,000 for market value of the land taken plus interest. A claim for disturbance damages was dismissed. Costs were awarded to all Claimants at a reduced scale. |
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| ExLaw citation: |
[1994] EXLAW 81 |
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| Parallel citations: |
1994 CarswellBC 2748 |
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(1994) 54 L.C.R. 242 |
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