| Case name: |
Associated Building Credits Ltd. v. British Columbia (Minister of Transportation and Highways) |
|
|
|
| Jurisdiction: |
Canada - British Columbia |
|
|
|
|
|
|
|
|
|
| Parties: |
Name |
|
Appearing as |
| |
Associated Building Credits Ltd. |
|
Claimant |
| |
British Columbia (Minister of Transportation and Highways) |
|
Authority |
|
| Decision makers: |
Name |
Designation |
|
Hall, John Edward |
J.A. |
| |
Huddart, Carole Mahood |
J.A. |
| |
Smith, Kenneth J. |
J.A. |
|
| Lawyers: |
Name |
|
Appearing for |
| |
Gosnell, S. |
|
Claimant |
| |
McDaniel, R. Brian |
|
Claimant |
| |
Hincks, Alan V.W. |
|
Authority |
|
| Experts: |
Name |
Occupation |
Appearing for |
| |
Osland, David T. |
Appraiser |
Authority |
|
|
|
|
|
|
|
| Decision: |
Appeal by the Claimant from a compensation award made by the British Columbia Expropriation Compensation Board, pursuant to the Expropriation Act, R.S.B.C. 1996, c. 125. Partial taking of an approximate 3 ac. portion of a 9 ac. parcel of vacant land located in the Town of View Royal. The land was taken for purposes of a highway interchange. The parties had settled the compensation claims for market value and injurious affection prior to the hearing before the Board. As a result the Board was required to consider only the claims for disturbance damages. The Board awarded $20,378.71 for development expenses thrown away as a result of the expropriation. However a claim for damages for loss of use of the land during a period of 7 years prior to the expropriation date was dismissed. On appeal, it was held that the Board had erred in its approach to the second issue. The appeal was allowed in part and the award was increased by $310,000 plus interest. The Claimant was also awarded 50% of the costs of the appeal. |
|
|
|
|
|
|
|
| ExLaw citation: |
[2007] EXLAW 312 |
|
| Neutral citation: |
2007 BCCA 546 |
|
| Parallel citations: |
(2007) 162 ACWS (3d) 82 |
| |
(2007) 248 BCAC 101 |
| |
[2007] BCJ No. 2406 |
| |
(2007) 73 BCLR (4th) 109 |
| |
2007 CarswellBC 2681 |
| |
(2007) 286 DLR (4th) 240 |
| |
(2007) 93 LCR 129 |
| |
(2007) 62 RPR (4th) 1 |
| |
(2007) 412 WAC 101 |
| |
[2008] 2 WWR 44 |
|
|
|
|
|
