| 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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Hanman, Charles Edward |
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Claimant |
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Crowhurst, Frances |
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Authority |
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Parker, Catherine J. |
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Other |
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| Decision: |
Application by the Authority to re-open a compensation hearing. The Expropriation Compensation Board had previously made an award of compensation following a hearing under the Expropriation Act, R.S.B.C. 1996, c. 125. At that time the Board found that the Claimant was entitled as of right to recover its costs because it had received more than 115% of the advance payment. However, on the further application, the Authority established that the advance payment was actually greater than assumed by the Board due to a mistake made by the Authority at the original hearing. The Board therefore had a discretion to decide whether the Claimant was entitled to recover its costs. The Authority then asked the Board to deny costs to the Claimant. However, the Board refused and held that the Claimant was still entitled to recover its costs. |
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| ExLaw citation: |
[2001] EXLAW 304 |
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| Parallel citations: |
(2001) 71 L.C.R. 315 |
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