| Case name: |
Bill's Frontier Restaurant 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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Bill's Frontier Restaurant Ltd. |
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Claimant |
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Giannikos, Panayota |
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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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Coates, John A. |
Member |
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Harvey, Jeanne |
Chair |
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| Lawyers: |
Name |
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Appearing for |
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Shuchat, Arnold E. |
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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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Selman, Donald |
Valuator |
Claimant |
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Symes, Toby McLean |
Valuator |
Respondent |
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| Decision: |
Application by the Claimants to the British Columbia Expropriation Compensation Board for determination of compensation pursuant to the Expropriation Act, S.B.C. 1987, c. 23. Partial taking of a fee simple area and construction working space rights from two adjacent properties for a highway widening project. One of the subject parcels was developed with a restaurant operated by the corporate Claimant. Claims were advanced for market value of the land taken, reduction in market value to the remaining land and disturbance damages. The first two claims were settled prior to the hearing in the aggregate amount of $190,000.00. The Board awarded disturbance damages for business losses in the amount of $105,000. Additional disturbance damages in the amount of $19,705 were awarded for certain expenses incurred by the Claimants in response to the taking. Disturbance damages were also awarded for the cost of repairing the roof of the restaurant which was damaged during highway construction. A claim for executive time was denied. The total award was $330,455 plus costs and interest. |
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| ExLaw citation: |
[1994] EXLAW 67 |
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| Parallel citations: |
(1994) 53 L.C.R. 175 |
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