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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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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Decision makers: |
Name |
Designation |
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Donald, Ian T. |
J.A. |
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Esson, William A. |
J.A. |
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Saunders, Mary E. |
J.A. |
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Lawyers: |
Name |
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Appearing for |
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Alexander, L. John |
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Claimant |
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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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Hincks, Alan V.W. |
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Authority |
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Decision: |
Appeal by the Claimant and cross-appeal by the Authority from compensation and cost awards made by the British Columbia Expropriation Compensation Board pursuant to the Expropriation Act, R.S.B.C. 1996, c. 125. The compensation award was made in respect of the taking for highway purposes of a 29 ac. portion from a 234 ac. property located near Campbell River. At issue on the appeal was the Board's findings on market value of the land taken, reduction in market value to the remainder, disturbance damages and its treatment of a Calderbank letter in relation to the cost award. The appeal was allowed to the extent only of remitting a disturbance damage claim for costs thrown away to the Board for reconsideration. |
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ExLaw citation: |
[2003] EXLAW 300 |
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Neutral citation: |
2003 BCCA 8 |
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Parallel citations: |
(2003) 118 ACWS (3d) 832 |
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(2003) 176 BCAC 124 |
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[2003] BCJ No. 9 |
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(2003) 10 BCLR (4th) 278 |
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(2003) 78 LCR 1 |
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(2003) 6 RPR (4th) 58 |
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(2003) 290 WAC 124 |
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