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[Back] DECISION DIGEST  
Record no. 887
Case name: Tener v. British Columbia
Date: 1980-07-18
Jurisdiction: Canada - British Columbia
Court: Supreme Court
Release registry: [Subscribers only]
Court file: [Subscribers only]
Order no.: [Subscribers only]
Parties: Name   Appearing as
  Tener, David Evans   Claimant
  Tener, Gertrude Marina   Claimant
  British Columbia   Authority
Decision makers: Name Designation
Rae, George Gordon Stuart J.
Lawyers: Name   Appearing for
  Cumming, George Stewart   Claimant
  Pearce, William A.   Authority
Experts:  
Taking type: [Subscribers only]
Valuation date: [Subscribers only]
Case elements: [Subscribers only]
Decision: Application to court by the Claimants for a declaration that the Claimants were entitled to compensation. The Claimants were the registered owners of several mineral claims Crown-granted in 1937. The surface of the mineral claims was designated as a provincial park in 1939. For many years after the park designation, surface access to the mineral claims was permitted. However, in 1973 Government park policy changed such that park use permits were required and none were issued to the Claimants. As a result the Claimants were unable to access their claims. The court held that the Claimants were not entitled to compensation.
Comment: [Subscribers only]
Statute references: [Subscribers only]
Case references: [Subscribers only]
ExLaw citation: [1980] EXLAW 9
Neutral citation: N/A
Parallel citations: [1980] B.C.J. No. 1896
  (1980) 23 B.C.L.R. 309
  (1980) 114 D.L.R. (3d) 728
  (1980) 21 L.C.R. 26
Related decisions:      
  Earlier
 
  Later
  [1982] EXLAW 7 B.C. C.A. 1982-03-02
  [1985] EXLAW 2 S.C.C. 1985-05-09
Reasons: [Subscribers only]
Digests contain original content produced by ExLaw and copyright in this content is held by Dicta Legal Services Ltd. (dba Expropriation Law Centre). Reasons for decision are the text of original decisions released by the court or tribunal and edited for accuracy where required. No copyright is claimed for these materials.
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