| Case name: |
W.J. Ellis Co. Ltd. v. Kamloops (City) |
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| Jurisdiction: |
Canada - British Columbia |
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| Court: |
Arbitration proceeding |
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| Parties: |
Name |
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Appearing as |
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Edwardson, Mary Linda |
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Claimant |
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Loehr, Joan Patricia |
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Claimant |
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Piper, James Edward |
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Claimant |
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W.J. Ellis Company Limited |
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Claimant |
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Kamloops (City) |
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Authority |
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| Decision makers: |
Name |
Designation |
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Cassady, George P. |
Arbitrator |
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Ladner, Hugh G. |
Arbitrator |
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Wilson, J. Galt |
Arbitrator |
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| Lawyers: |
Name |
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Appearing for |
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Burke, Reinhard |
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Claimant |
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Blair, Richard M.L. |
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Authority |
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| Experts: |
Name |
Occupation |
Appearing for |
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Flynn, Dennis Michael |
Appraiser |
Claimant |
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Grant, Danny R. |
Appraiser |
Claimant |
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Watson, Candace C. |
Appraiser |
Authority |
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| Decision: |
Award of compensation by an arbitration board established pursuant to the Municipal Act, R.S.B.C. 1979, c. 290. Full taking of four adjacent parcels of land in the City of Kamloops. The subject property had been used by the Claimants for their automotive and machine shop business. However the parties were agreed that the highest and best use of the land was for multi-family residential development. Compensation was awarded for market value of the bare land in the amount of $234,576.00. Additional amounts were awarded for the depreciated value of buildings in the amount of $126,500, for the value of equipment that could not be relocated in the amount of $6,818.75, moving and relocation costs in the amount of $64,984.36, loss of profits in the amount of $25,097.00 and executive time in the amount of $2,500.00. The award totalled $460,476.11 plus costs as provided by the Act. A claim for capital gains tax payable was dismissed as too remote. A claim for the cost of a second move was dismissed. The arbitrators awarded interest as provided by the Act as well as an additional award of interest to reflect market interest rates. |
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| ExLaw citation: |
[1984] EXLAW 7 |
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| Parallel citations: |
(1984) 29 LCR 321 |
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