| Case name: |
British Pacific Properties Ltd. v. British Columbia (Minister of 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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British Pacific Properties Ltd. |
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Plaintiff |
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Vancouver Mortgage Corporation Ltd. |
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Plaintiff |
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Westmount Estates Ltd. |
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Plaintiff |
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British Columbia (Minister of Highways) |
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Defendant |
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| Before: |
Decision maker |
Designation |
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Collins, Franklin Kay |
J. |
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| Lawyers: |
Name |
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Appearing for |
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Alley, J.G. |
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Plaintiff |
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Hossie, D.N. |
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Plaintiff |
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Maguire, John S. |
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Defendant |
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Patterson, D.H. |
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Defendant |
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| Decision: |
Judicial review application by property owners from an arbitration award made pursuant to the Highway Act, R.S.B.C. 1948, c. 144. Partial taking of the Plaintiffs' property for highway purposes. The arbitrators had awarded compensation to each of the three Plaintiffs for market value of the land taken but dismissed claims for injurious affection to the remaining lands arising from severance. The court held that the Defendant was liable to pay compensation for injurious affection and increased the award to each of the Plaintiffs. |
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| ExLaw citation: |
[1959] EXLAW 4 |
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| Parallel citations: |
(1959) 20 D.L.R. (2d) 187 |
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(1959) 29 W.W.R. 193 |
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