| Case name: |
Sequoia Springs West Development Corp. 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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Sequoia Springs West Development Corporation |
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Claimant |
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British Columbia (Minister of Transportation and Highways) |
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Authority |
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| Before: |
Decision maker |
Designation |
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Eames, Lesley |
Member |
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Greenwood, Julian K. |
Member |
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Walls, Sharon I. |
Vice-Chair |
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| Lawyers: |
Name |
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Appearing for |
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Alexander, L. John |
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Claimant |
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Hincks, Alan V.W. |
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Authority |
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| Decision: |
Hearing to determine entitlement to costs under the Expropriation Act, R.S.B.C. 1996, c. 125. The Claimant had received a compensation award previously. At issue was whether the Claimant was entitled as of right to recover its costs or whether the Board had a discretion to exercise before awarding costs.
Under the Act, entitlement to costs depends upon a formula which compares the final award to the statutory advance payment. Business losses are excluded from this calculation. However, the term 'business loss' is not expressly defined in the Act. The Claimant's compensation award included an allowance for business loss. The Board found that the Claimant's business loss award was not the type of business loss which should be excluded and the Claimant was therefore entitled as of right to its costs. |
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| ExLaw citation: |
[2000] EXLAW 324 |
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| Parallel citations: |
(2000) 71 L.C.R. 153 |
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