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[Back] DECISION DIGEST  
Record no. 49
Case name: Jesperson's Brake & Muffler Ltd. v. Chilliwack (District)
Date: 1993-07-15
Jurisdiction: Canada - British Columbia
Court: Expropriation Compensation Board
Release registry: [Subscribers only]
Court file: [Subscribers only]
Order no.: [Subscribers only]
Parties: Name   Appearing as
  Jesperson, Allan Henry   Claimant
  Jesperson, Ann Elizabeth   Claimant
  Jesperson's Brake & Muffler Ltd.   Claimant
  Chilliwack (District)   Respondent
Decision makers: Name Designation
Harvey, Jeanne Chair
Lawyers: Name   Appearing for
  Kaye, Edward K.   Claimant
  Bauman, Robert J.   Respondent
Experts: Name Occupation Appearing for
  Arnett, Ron M. Appraiser Claimant
Taking type: [Subscribers only]
Valuation date: [Subscribers only]
Case elements: [Subscribers only]
Decision: Application by the Claimants to the British Columbia Expropriation Compensation Board for a final determination of costs pursuant to the Expropriation Act, S.B.C. 1987, c. 23. The Board had previously made a compensation award based upon a claim for injurious affection without taking. The Board found that the Chair had jurisdiction to determine costs even though the Chair was not a member of the panel which made the compensation award. The Board also found that the Claimant was entitled to have costs determined on the same basis as if there had been an expropriation. An award of costs was made after several adjustments to the amounts claimed.
Comment: [Subscribers only]
Statute references: [Subscribers only]
Case references: [Subscribers only]
ExLaw citation: [1993] EXLAW 49
Neutral citation: N/A
Parallel citations: (1993) 51 LCR 62
Related decisions:      
  Earlier
  [1992] EXLAW 34 B.C. E.C.B. 1992-07-07
  [1992] EXLAW 142 B.C. C.A. 1992-10-14
  Later
  [1994] EXLAW 120 B.C. C.A. 1994-02-24
  [1994] EXLAW 4 S.C.C. 1994-08-11
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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