| Case name: |
Captain's Square Holdings Ltd. v. British Columbia (Minister of Transportation and Highways) |
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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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Captain's Square Holdings Ltd. |
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Claimant |
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British Columbia (Minister of Transportation and Highways) |
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Respondent |
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| Before: |
Decision maker |
Designation |
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Shorthouse, Robert W.C. |
Chair |
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| Lawyers: |
Name |
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Appearing for |
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Melville, J. Bruce |
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Claimant |
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Child, R. Mervyn |
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Respondent |
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| Decision: |
Application by the Claimant to the British Columbia Expropriation Compensation Board pursuant to the Expropriation Act, R.S.B.C. 1996, c. 125, for an order striking out several portions of the Respondent's Form B Reply pleading. The Claimant was seeking compensation for the loss of an access and parking easement due to expropriation. The Board held that the test for striking out pleadings was whether it was plain and obvious that a pleading could not succeed. The Board found that none of the impugned pleadings met that test and the application was dismissed. |
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| ExLaw citation: |
[2000] EXLAW 310 |
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