| Case name: |
British Columbia (Minister of Forests and Range) v. Coe |
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| Jurisdiction: |
Canada - British Columbia |
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| Parties: |
Name |
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Appearing as |
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Coe, Daniel Richard |
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Claimant |
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British Columbia (Minister of Forests and Range) |
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Authority |
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| Before: |
Decision maker |
Designation |
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Macaulay, Malcolm D. |
J. |
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| Lawyers: |
Name |
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Appearing for |
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Frame, Jeffrey G. |
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Claimant |
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Crowhurst, Frances |
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Authority |
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| Experts: |
Name |
Occupation |
Appearing for |
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Malcolm, Rod |
Appraiser |
Authority |
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| Decision: |
Application to court by the Authority for an order staying arbitration proceedings and for a declaration that the Claimant's claim for compensation was statute barred. In 2003, the Authority expropriated part of the Claimant's land pursuant to the Expropriation Act, R.S.B.C. 1996, c. 125. The land was taken for purposes of a Forest Service road. Following expropriation, the parties entered into an agreement whereby compensation would be determined by a private arbitration and not by the procedure set out in the Expropriation Act. Later, the Authority took the position that the Claimant had not commenced a compensation action within the time limits prescribed in the Act. It was held that the Authority was not permitted to resile from the agreement. The application was dismissed with costs to the Claimant. |
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| Related decisions: |
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Earlier |
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Later |
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| Neutral citation: |
2007 BCSC 92 |
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| ExLaw citation: |
[2007] EXLAW 302 |
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| Parallel citations: |
(2007) 154 A.C.W.S. (3d) 1110 |
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[2007] B.C.J. No. 96 |
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(2007) 67 B.C.L.R. (4th) 190 |
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(2007) 275 D.L.R. (4th) 57 |
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(2007) 91 L.C.R. 175 |
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[2007] 6 W.W.R. 442 |
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