| Case name: |
Teal Cedar Products Ltd. v. British Columbia (Minister of Forests) |
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| Jurisdiction: |
Canada - British Columbia |
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| Parties: |
Name |
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Appearing as |
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Teal Cedar Products Ltd. |
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Petitioner |
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British Columbia (Minister of Forests) |
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Respondent |
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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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Hunter, John J.L. |
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Petitioner |
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Stephens, K. Michael |
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Petitioner |
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Mackey, Bryant A. |
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Respondent |
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Payne, Robert G. |
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Respondent |
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| Decision: |
Applications by both parties for leave to appeal an arbitration award. The arbitration had been conducted pursuant to s. 60(7) of the Forest Act, R.S.B.C. 1996, c. 157, following a reduction in Teal's timber supply when Pinecone-Burke Provincial Park was established. The single arbitrator had awarded Teal a total of $6,350,000 together with legal costs amounting to $1,024,000. Leave was granted with respect to Teal's claim for compensation for pre-taking losses. The court then considered the merits of this ground and found that the arbitrator had erred by not including pre-taking losses in the award. The matter was remitted back to the arbitrator for re-consideration. The Province's leave application was dismissed. |
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| Neutral citation: |
2011 BCSC 360 |
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| ExLaw citation: |
[2011] EXLAW 315 |
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| Parallel citations: |
(2011) 199 A.C.W.S. (3d) 693 |
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[2011] B.C.J. No. 497 |
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(2011) 23 B.C.L.R. (5th) 144 |
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(2011) 103 L.C.R. 124 |
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