Case name: |
Tancredi 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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Tancredi, Mario A. |
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Claimant |
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Tancredi, Nicole C. |
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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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Coates, John A. |
Member |
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Harvey, Jeanne |
Chair |
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Shorthouse, Robert W.C. |
Vice-Chair |
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Lawyers: |
Name |
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Appearing for |
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Melville, J. Bruce |
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Claimant |
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Hincks, Alan V.W. |
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Respondent |
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Decision: |
Application by the Claimants to the British Columbia Expropriation Compensation Board pursuant to the Expropriation Act, S.B.C. 1987, c. 23, for an order determining whether the Board should hear the issue of liability in advance of a hearing on quantum of damages. The Claimants were land owners affected by the diversion of a watercourse during construction of a nearby highway interchange. No land was taken. Prior to diversion, the watercourse had flowed through the Claimants' properties. The Claimants alleged that the Respondent was liable to pay compensation pursuant to the Water Act, R.S.B.C. 1979, c. 429. The Board held that it had jurisdiction to conduct separate hearings and that it was appropriate to do so in this case. The application was granted. |
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ExLaw citation: |
[1993] EXLAW 55 |
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Parallel citations: |
(1993) 52 L.C.R. 77 |
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