Expropriation Law Centre




Peterson Stark Scott


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Record no. 1773
Case name: Osoyoos Indian Band v. Oliver (Town)
Date: 1997-04-07
Jurisdiction: Canada - British Columbia
Court: Supreme Court
Registry: [Subscribers only]
File: [Subscribers only]
Order no.: [Subscribers only]
Parties: Name   Appearing as
  Osoyoos Indian Band   Appellant
  British Columbia   Respondent
  Oliver (Town)   Respondent
Before: Decision maker Designation
MacKenzie, Kenneth C. J.
Lawyers: Name   Appearing for
  Hutchings, Patricia M.   Appellant
  Peeling, Albert C.   Appellant
  Buholzer, William   Respondent
  Gordon, Hunter W.   Respondent
Taking type/date: [Subscribers only]
Case elements: [Subscribers only]
Decision: Property assessment appeal from the Osoyoos Indian Band Board of Review pursuant to a by-law enacted pursuant to the Indian Act, R.S.C. 1985, c. I-5. The issue pertained to whether a strip of land occupied by an irrigation canal located within the perimeter of the Osoyoos Indian Reserve No. 1 remained part of the Indian Reserve such that the subject property was assessable and taxable by the Osoyoos Indian Band. The subject property had been granted to the Province in 1957 pursuant to the expropriation power now found in s. 35 of the Indian Act. The issue turned on whether the grant was in the nature of an easement or a fee simple interest. It was held that the grant had created a fee simple interest and was no longer part of the Reserve. As such it was not taxable by the Indian Band.
Comment: [Subscribers only]
Statute references: [Subscribers only]
Case references: [Subscribers only]
Related decisions:      
  [1999] EXLAW 303 B.C. C.A. 1999-05-04
  [2001] EXLAW 342 S.C.C. 2001-12-07
Neutral citation:
ExLaw citation: [1997] EXLAW 28
Parallel citations: (1997) 70 A.C.W.S. (3d) 1
  [1997] B.C.J. No. 828
  (1997) 145 D.L.R. (4th) 552
  [1998] 2 C.N.L.R. 66
Reasons: [Subscribers only]
Digests contain original content produced by ExLaw and copyright in this content is held by Dicta Legal Services Ltd. (dba Expropriation Law Centre). Reasons for decision are the text of original decisions released by the court or tribunal and edited for accuracy where required. No copyright is claimed for these materials.
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