| Case name: |
DKS & VW Venturers Corp. v. School District No. 34 (Abbotsford) |
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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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DKS & VW Venturers Corp. |
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Claimant |
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Elgon Investments Ltd. |
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Claimant |
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L'Abri Project Ten Ltd. |
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Claimant |
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Oscar Dayton Estates Ltd. |
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Claimant |
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School District No. 34 (Abbotsford) |
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Authority |
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| Before: |
Decision maker |
Designation |
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Fodchuk, B.W.F. (Bo) |
Member |
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Linsley, Martin A. |
Member |
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Ward, George Arthur |
Member |
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| Lawyers: |
Name |
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Appearing for |
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Melville, J. Bruce |
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Claimant |
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MacKinnon, Ian D. |
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Authority |
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Scheirer, Bianca L. |
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Authority |
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| Experts: |
Name |
Occupation |
Appearing for |
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Bate, Teo |
Engineering Technologist |
Claimant |
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Richardson, Ronald W. |
Appraiser |
Claimant |
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Hooker, Dale C. |
Appraiser |
Authority |
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Verbenkov, Oleg |
Planner |
Authority |
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| Decision: |
Application by the Claimants to the British Columbia Expropriation Compensation Board for determination of compensation pursuant to the Expropriation Act, R.S.B.C. 1996, c. 125. Partial taking of 5.7 acres from a 9.1 ac. parcel of unimproved land in the City of Abbotsford. The land was acquired by the Authority for construction of a school. Claims were advanced for market value of the land taken including several rights of way, reduction in market value to the remainder and disturbance damages. The Board awarded total compensation in the amount of $1,145,008. However, this award was less than the total amount of the advance payments made by the Authority. The Board certified the difference of $147,728 as a debt due from the Claimants to the Authority. The issue of costs was adjourned for later consideration. |
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| ExLaw citation: |
[2005] EXLAW 307 |
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| Parallel citations: |
(2005) 87 L.C.R. 183 |
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