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[Back] DECISION DIGEST  
Record no. 282
Case name: Karp v. Kelowna & District Hospital Society
Date: 1998-11-12
Jurisdiction: Canada - British Columbia
Court: Supreme Court
Release registry: [Subscribers only]
Court file: [Subscribers only]
Order no.: [Subscribers only]
Parties: Name   Appearing as
  Karp, Faye   Claimant
  Karp, Joseph   Claimant
  Kelowna & District Hospital Society   Authority
Decision makers: Name Designation
Cole, Frank W. J.
Lawyers: Name   Appearing for
  Groves, Robert E.   Claimant
  Mitchell, Paul L.   Authority
  Rush, David M.   Authority
Experts: Name Occupation Appearing for
  Caruso, Joseph R. Appraiser Claimant
Taking type: [Subscribers only]
Valuation date: [Subscribers only]
Case elements: [Subscribers only]
Decision: Application for an order directing that an arbitration take place pursuant to a land purchase agreement in which the purchaser was an expropriating authority. The intention of the parties to the agreement was to avoid expropriation by providing an alternative procedure for determining compensation. Under the agreement, the vendor's entitlement to additional compensation depended first upon delivery to the authority of an appraisal report supporting a value greater than a specified amount. Although a report was delivered in this case, it contained numerous statements severely restricting the appraiser's opinion. The court found that it was not a proper appraisal report as contemplated by the agreement and refused the application.
Comment: [Subscribers only]
Statute references: [Subscribers only]
Case references: [Subscribers only]
ExLaw citation: [1998] EXLAW 282
Neutral citation: N/A
Parallel citations: [1998] B.C.J. No. 2622
  1998 Can LII 6654
  (1998) 65 L.C.R. 241
Related decisions:      
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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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