| Case name: |
Associated Building Credits Ltd. 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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Associated Building Credits Ltd. |
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Claimant |
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British Columbia (Minister of Transportation and Highways) |
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Authority |
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| Before: |
Decision maker |
Designation |
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Delves, Diane M. |
Member |
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Dossa, Firoz R. |
Member |
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Linsley, Martin A. |
Member |
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| Lawyers: |
Name |
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Appearing for |
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McDaniel, R. Brian |
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Claimant |
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Hincks, Alan V.W. |
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Authority |
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| Experts: |
Name |
Occupation |
Appearing for |
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Orr, Robert |
Valuator |
Claimant |
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Crosson, Richard F. |
Valuator |
Authority |
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Osland, David T. |
Appraiser |
Authority |
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| Decision: |
Application by the Claimant 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 a 2.46 ac. portion of a 9.09 ac. parcel. The land was required for purposes of a highway interchange on the Trans Canada highway near the City of Victoria. The parties had agreed on the claims for market value and injurious affection prior to commencement of the hearing. The Board was required to consider various disturbance damage claims for financial losses and expenses totalling $28,276,361.67. The largest disturbance damage claim ($27,579,073.00) arose from an alleged loss of use of the subject property for a period of seven years prior to the taking. This claim was dismissed. Additional claims for development costs thrown away were allowed in the amount of $20,378.71. Costs were awarded in part. Interest was also awarded. |
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| ExLaw citation: |
[2005] EXLAW 313 |
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| Parallel citations: |
(2005) 88 L.C.R. 1 |
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