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[Back] DECISION DIGEST  
Record no. 926
Case name: Burnaby Lake Properties Ltd. v. Burnaby (District)
Date: 1983-04-19
Jurisdiction: Canada - British Columbia
Court: Court of Appeal
Release registry: [Subscribers only]
Court file: [Subscribers only]
Order no.: [Subscribers only]
Parties: Name   Appearing as
  Burnaby (District)   Appellant
  Burnaby Lake Properties Ltd.   Respondent
  Mutual Development Corporation Ltd.   Respondent
Before: Decision maker Designation
Aikins, John Somerset J.A.
  Anderson, Richard Philip J.A.
  Taggart, John David J.A.
Lawyers: Name   Appearing for
  Macintosh, George K.   Appellant
  Johnstone, W. Charles   Respondent
Experts:  
Taking type: [Subscribers only]
Valuation date: [Subscribers only]
Case elements: [Subscribers only]
Decision: Appeal by an expropriating authority from a lower court decision determining that the proper date for valuation of an expropriation was the last day on which the arbitration hearing was conducted. The Appellant had expropriated the subject property pursuant to the Municipal Act, R.S.B.C. 1960, c. 255. On the appeal it was held that title had vested in the Appellant upon fulfillment of all the applicable statutory procedures and that was the proper date to use for valuation purposes. The appeal was allowed and the arbitrators' award of compensation was affirmed.
Comment: [Subscribers only]
Statute references: [Subscribers only]
Case references: [Subscribers only]
Related decisions:      
  Earlier
  [1972] EXLAW 6 B.C. S.C. 1972-11-01
  [1973] EXLAW 9 B.C. C.A. 1973-10-02
  [1980] EXLAW 28 B.C. Arb. 1980-02-26
  [1982] EXLAW 29 B.C. C.A. 1982-09-20
  Later
  [1985] EXLAW 6 B.C. S.C. 1985-01-21
  [1988] EXLAW 6 B.C. S.C. 1988-08-15
Neutral citation: N/A
ExLaw citation: [1983] EXLAW 8
Parallel citations: (1983) 20 A.C.W.S. (2d) 19
  [1983] B.C.J. No. 1602
  1983 CarswellBC 765
  (1983) 146 D.L.R. (3d) 557
  (1983) 27 L.C.R. 236
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