| Case name: |
Checkman Holdings (Calgary) Ltd. v. Spur Valley (Improvement District) |
|
|
|
| Jurisdiction: |
Canada - British Columbia |
|
|
|
|
|
|
|
|
|
| Parties: |
Name |
|
Appearing as |
| |
Checkman Holdings (Calgary) Ltd. |
|
Claimant |
| |
Spur Valley (Improvement District) |
|
Authority |
|
| Decision makers: |
Name |
Designation |
|
Frankel, S. David |
J.A. |
| |
Hall, John Edward |
J.A. |
| |
Lowry, Peter Donovan |
J.A. |
|
| Lawyers: |
Name |
|
Appearing for |
| |
Purdy, Glen A. |
|
Claimant |
| |
Fairley, Bruce F. |
|
Authority |
|
|
|
|
|
|
|
|
|
| Decision: |
Appeal by the Claimant from a lower court decision dismissing a claim for compensation and damages arising from abandonment of expropriation proceedings commenced by the Authority pursuant to the Water Act, R.S.B.C. 1996, c. 483. The subject property was located near Radium Hot Springs. The Authority had commenced expropriation proceedings in 1995 but later chose to abandon those proceedings when it achieved most of its objective in other legal proceedings. The court found that there had been no expropriation and there was no statutory basis for awarding compensation or damages. The appeal was dismissed. |
|
|
|
|
|
|
|
| ExLaw citation: |
[2008] EXLAW 302 |
|
| Neutral citation: |
2008 BCCA 83 |
|
| Parallel citations: |
(2008) 167 ACWS (3d) 334 |
| |
(2008) 253 BCAC 102 |
| |
[2008] BCJ No. 286 |
| |
(2008) 77 BCLR (4th) 278 |
| |
2008 CarswellBC 321 |
| |
(2008) 290 DLR (4th) 523 |
| |
(2008) 94 LCR 65 |
| |
(2008) 64 RPR (4th) 214 |
| |
(2008) 425 WAC 102 |
|
|
|
|
|
