| Case name: |
Actton Petroleum Sales Ltd. v. British Columbia (Minister of Transportation and Highways) |
|
|
|
| Jurisdiction: |
Canada - British Columbia |
|
| Court: |
Expropriation Compensation Board |
|
|
|
|
|
|
|
| Parties: |
Name |
|
Appearing as |
| |
Actton Petroleum Sales Ltd. |
|
Claimant |
| |
Actton Super-Save Gas Stations Ltd. |
|
Claimant |
| |
British Columbia (Minister of Transportation and Highways) |
|
Authority |
|
| Before: |
Decision maker |
Designation |
|
Guthrie, Art |
Member |
| |
Ross, Susan E. |
Member |
| |
Wiltshire, Suzanne K. |
Member |
|
| Lawyers: |
Name |
|
Appearing for |
| |
Kitsul, James R. |
|
Claimant |
| |
Macdonald, Sarah I. |
|
Authority |
|
| Experts: |
Name |
Occupation |
Appearing for |
| |
Low, Robert B. |
Valuator |
Claimant |
| |
McMann, William E. |
Valuator |
Claimant |
| |
Symes, Toby McLean |
Valuator |
Authority |
|
|
|
|
|
|
|
| Decision: |
Application to the British Columbia Expropriation Compensation Board for determination of compensation following an expropriation conducted pursuant to the Expropriation Act, S.B.C. 1987, c. 23. Full taking of a property containing an operating retail gas bar. The land was owned by one of the Claimants and the business was operated by the second Claimant. The Board awarded compensation of $291,540 to the first Claimant for market value of the land and improvements. A significant issue was whether the second Claimant had a sufficient interest in the land to qualify as an owner for purposes of the Act. The Board found that the second Claimant held an irrevocable licence and therefore qualified as an owner. The Board also concluded that the first Claimant did not carry on business from the land and therefore was not entitled to compensation for business losses. |
|
|
|
|
|
|
|
|
|
|
|
| ExLaw citation: |
[1996] EXLAW 164 |
|
| Parallel citations: |
(1996) 58 L.C.R. 47 |
|
|
|
