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[Back] DECISION DIGEST  
Record no. 376
Case name: Glendale Trading Ltd. v. British Columbia (Minister of Transportation and Highways)
Date: 2000-10-11
Jurisdiction: Canada - British Columbia
Court: Expropriation Compensation Board
Release registry: [Subscribers only]
Court file: [Subscribers only]
Order no.: [Subscribers only]
Parties: Name   Appearing as
  Glendale Trading Ltd.   Claimant
  Reiner, Elke Erika   Claimant
  British Columbia (Minister of Transportation and Highways)   Respondent
Decision makers: Name Designation
Dossa, Firoz R. Member
  Eames, Lesley Member
  Walls, Sharon I. Vice-Chair
Lawyers: Name   Appearing for
  Burke, Reinhard   Claimant
  Hincks, Alan V.W.   Respondent
Experts: Name Occupation Appearing for
  Bowins, Donald K. Engineer Claimant
  Dyer, Slade Elgin Planner Claimant
  Grant, Danny R. Appraiser Claimant
  Gossett, William G.R. Appraiser Respondent
Taking type: [Subscribers only]
Valuation date: [Subscribers only]
Case elements: [Subscribers only]
Decision: Compensation award by the British Columbia Expropriation Compensation Board pursuant to the Expropriation Act, R.S.B.C. 1996, c. 125. Partial taking of a fee simple interest from a residential property for a road widening project. The individual claimant owned and operated a convenience store on a second lot which was controlled by the individual claimant. No land was taken from the second lot although it was affected by the project. The taking was accomplished with a statutory agreement pursuant to s.3 of the Act.

Many of the compensation issues were settled during the hearing. The Board was required to consider a claim for losses suffered by the corporate claimant as holder of an option to purchase the first lot, a claim for injurious affection suffered on the second lot and a claim for temporary loss of use of part of the second lot. Compensation was awarded for the first and third claims. The injurious affection claim was denied.
Comment: [Subscribers only]
Statute references: [Subscribers only]
Case references: [Subscribers only]
ExLaw citation: [2000] EXLAW 329
Neutral citation: N/A
Parallel citations: (2000) 70 LCR 235
Related decisions:      
  Earlier
  [1997] EXLAW 248 B.C. E.C.B. 1997-11-25
  [1998] EXLAW 269 B.C. E.C.B. 1998-08-07
  Later
  [2000] EXLAW 337 B.C. C.A. 2000-11-23
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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