| Case name: |
Glendale Trading 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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Glendale Trading Ltd. |
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Claimant |
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Reiner, Elke Erika |
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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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| Decision makers: |
Name |
Designation |
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Dossa, Firoz R. |
Member |
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Eames, Lesley |
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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Burke, Reinhard |
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Claimant |
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Hincks, Alan V.W. |
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Respondent |
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| Experts: |
Name |
Occupation |
Appearing for |
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Bowins, Donald K. |
Engineer |
Claimant |
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Dyer, Slade Elgin |
Planner |
Claimant |
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Grant, Danny R. |
Appraiser |
Claimant |
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Gossett, William G.R. |
Appraiser |
Respondent |
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| 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. |
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| ExLaw citation: |
[2000] EXLAW 329 |
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| Parallel citations: |
2000 CarswellBC 2892 |
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(2000) 70 LCR 235 |
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