| Case name: |
Karp v. Kelowna & District Hospital Society |
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| Jurisdiction: |
Canada - British Columbia |
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| Parties: |
Name |
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Appearing as |
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Karp, Faye |
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Claimant |
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Karp, Joseph |
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Claimant |
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Kelowna & District Hospital Society |
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Authority |
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| Before: |
Decision maker |
Designation |
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Cole, Frank W. |
J. |
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| Lawyers: |
Name |
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Appearing for |
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Groves, Robert E. |
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Claimant |
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Mitchell, Paul L. |
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Authority |
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Rush, David M. |
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Authority |
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| Experts: |
Name |
Occupation |
Appearing for |
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Caruso, Joseph R. |
Appraiser |
Claimant |
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| 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. |
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| Related decisions: |
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Earlier |
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Later |
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| ExLaw citation: |
[1998] EXLAW 282 |
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| Parallel citations: |
[1998] B.C.J. No. 2622 |
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(1998) 65 L.C.R. 241 |
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