| Case name: |
Blackwell Stores Ltd. v. Naramata (Irrigation District) |
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| Jurisdiction: |
Canada - British Columbia |
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| Court: |
Expropriation Compensation Board |
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| Parties: |
Name |
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Appearing as |
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Blackwell Stores Ltd. |
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Claimant |
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Naramata (Irrigation District) |
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Respondent |
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| Before: |
Decision maker |
Designation |
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Clark, David J. |
Member |
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Grover, Michael R. |
Member |
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Harvey, Jeanne |
Member |
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| Lawyers: |
Name |
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Appearing for |
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Burke, Reinhard |
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Claimant |
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Wahl, Robert |
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Respondent |
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| Decision: |
Application by the Respondent to the British Columbia Expropriation Compensation Board for an order amending its pleading and determining the terms of a right of way to be obtained by the Respondent from the Claimant pursuant to the Water Act, R.S.B.C. 1979, c. 429. The Respondent operated a water distribution system in trespass on the Claimant's land. Pursuant to the Water Act, the Claimant gave notice to the Respondent of its intention to remove the water system and prohibit further access to the subject property by the Respondent. In response the Respondent commenced expropriation proceedings. The Claimant then filed an application for determination of compensation with the Board. The Claimant's application also sought an order determining the terms of the right of way to be granted to the Respondent. Prior to hearing the application, the parties reached agreement on the terms of the right of way instrument. However, the Respondent later changed its mind and brought the present application seeking to have the terms of the instrument revised. The Board refused to do so and dismissed the application. |
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| ExLaw citation: |
[1992] EXLAW 33 |
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| Parallel citations: |
(1992) 47 L.C.R. 218 |
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