| Case name: |
Surrey Animal Hospital 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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Surrey Animal Hospital Ltd. |
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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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| Before: |
Decision maker |
Designation |
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Clark, David J. |
Member |
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Grover, Michael R. |
Member |
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Harvey, Jeanne |
Chair |
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| Lawyers: |
Name |
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Appearing for |
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Cram, Jack N. |
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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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Hooker, Dale C. |
Appraiser |
Claimant |
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Rogers, Kenneth N. |
Appraiser |
Claimant |
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Selman, Donald |
Valuator |
Claimant |
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Nilsen, Martyn Carl |
Appraiser |
Respondent |
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Zuk, Jerry |
Valuator |
Respondent |
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| Decision: |
Application by the Claimant to the British Columbia Expropriation Compensation Board for determination of compensation pursuant to the Expropriation Act, S.B.C. 1987, c. 23. Full expropriation of a parcel of land located in the City of Surrey. The subject property was acquired for a highway re-alignment. Prior to expropriation the subject property was developed with a building housing a veterinary clinic operated by the Claimant. The Claimant sought compensation for the market value of the property and for business losses. The parties agreed prior to the hearing that it was not feasible for the Claimant to relocate the business. The Authority had paid by way of advance payments a sum of $734,150 net of interest. The Board awarded $593,315 for market value of the land taken, $156,285 as a termination allowance for the permanent shutdown of the business and $65,968 for other disturbance damages. The award totalled $815,568. The Board also awarded regular and additional interest. The award was less than 115% of the Authority's advance payment so the Board had a discretion in respect of costs. The Board awarded the full amount of the Claimant's actual reasonable costs. |
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| ExLaw citation: |
[1993] EXLAW 50 |
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| Parallel citations: |
(1993) 51 L.C.R. 37 |
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