Case name: |
Dyakowski v. British Columbia (Minister of Transportation and Highways) |
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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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Dyakowska, Shannon |
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Claimant |
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Dyakowski, Anthony |
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Claimant |
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Heath Realty Ltd. |
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Claimant |
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Langley Mortgage Corp. |
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Claimant |
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Malden Holdings Ltd. |
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Claimant |
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Primrose, Scott |
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Claimant |
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Royal Bank of Canada |
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Claimant |
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British Columbia (Minister of Transportation and Highways) |
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Respondent |
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Before: |
Decision maker |
Designation |
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St. Clair, Fiona M. |
Vice-Chair |
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Lawyers: |
Name |
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Appearing for |
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Adams, John |
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Claimant |
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Klassen, Peter W. |
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Claimant |
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Sharma, Neena |
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Respondent |
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Decision: |
Application by the Respondent expropriating authority to the British Columbia Expropriation Compensation Board for an order pursuant to the Expropriation Act, S.B.C. 1987, c. 23, providing directions for delivery of an advance payment. Partial taking of a fee simple interest for a highway project. The property had several registered owners and the title was encumbered by several mortgages. The Respondent had obtained an appraisal that indicated the total value of the property was less than the face value of the mortgages and it was uncertain how to allocate the payments between the various parties. The Board found that it did not have jurisdiction to provide the directions because the issues involved valuation rather than the nature or extent of the interests held by each party. The application was dismissed. |
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Related decisions: |
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Earlier |
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Later |
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ExLaw citation: |
[1995] EXLAW 99 |
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Parallel citations: |
1995 CarswellBC 2592 |
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(1995) 57 L.C.R. 301 |
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