| Case name: |
Thomson Land & Cattle Co. v. British Columbia |
|
|
|
| Jurisdiction: |
Canada - British Columbia |
|
|
|
|
|
|
|
|
|
| Parties: |
Name |
|
Appearing as |
| |
Thomson Land & Cattle Co. Ltd. |
|
Claimant |
| |
British Columbia |
|
Authority |
| |
Charleyboy, Ervin |
|
Other |
| |
Chilcotin Band of Indians |
|
Other |
| |
Doe, Jane |
|
Other |
| |
Doe, John |
|
Other |
| |
Hance, Ray |
|
Other |
| |
William, Roger |
|
Other |
|
| Before: |
Decision maker |
Designation |
|
Ralph, Bryan |
J. |
|
| Lawyers: |
Name |
|
Appearing for |
| |
White, Donald S. |
|
Claimant |
| |
Akey, Michael C. |
|
Authority |
| |
Thompson, Glen Robert |
|
Authority |
|
|
|
|
|
|
|
|
|
| Decision: |
Action by the Claimant for compensation for the loss of use of a portion of its land resulting from the finding of ancient human remains on the Claimant's ranch located near Williams Lake. Prior to discovery of the remains in 1996, the Claimant had been engaged in excavation of a rock deposit to permit eventual agricultural use of the land. However, after discovery the Province appointed an archaeologist to evaluate the site. In addition, a First Nations group asserted title to the burial site. The Claimant voluntarily ceased its use of a 25 ac. portion of the subject property. Subsequently, the Province and the Claimant entered into two agreements that purported to deal with use of the subject property.
It was held that the Heritage Conservation Act, R.S.B.C. 1996, c. 187 did not provide for a compensation award in these circumstances because there had been no designation of the subject property pursuant to s. 9 of the Act. The Act was not a bar to a voluntary payment of compensation by the Province. However, the agreements were found to be unenforceable. The action was dismissed. |
|
|
|
|
|
|
|
| Related decisions: |
|
|
|
| |
Earlier |
| |
| |
Later |
| |
|
| Neutral citation: |
2005 BCSC 662 |
|
| ExLaw citation: |
[2005] EXLAW 314 |
|
| Parallel citations: |
[2005] B.C.J. No. 1007 |
| |
(2005) 86 L.C.R. 276 |
| |
(2005) 31 R.P.R. (4th) 83 |
|
|
|
