Case name: |
Tancredi v. British Columbia (Minister of Transportation and Highways) |
|
|
Jurisdiction: |
Canada - British Columbia |
|
Court: |
Expropriation Compensation Board |
|
|
|
|
Parties: |
Name |
|
Appearing as |
|
Tancredi, Mario A. |
|
Claimant |
|
Tancredi, Nicole C. |
|
Claimant |
|
British Columbia (Minister of Transportation and Highways) |
|
Authority |
|
Before: |
Decision maker |
Designation |
|
Harvey, Jeanne |
Chair |
|
Ross, Susan E. |
Member |
|
Walls, Sharon I. |
Member |
|
Lawyers: |
Name |
|
Appearing for |
|
Melville, J. Bruce |
|
Claimant |
|
Hincks, Alan V.W. |
|
Authority |
|
|
|
|
|
Decision: |
Application by the Claimants to the British Columbia Expropriation Compensation Board for an order determining whether the Authority was liable to compensate the Claimants for the diversion of a stream that flowed through their property. The application was made pursuant to the Expropriation Act, S.B.C. 1987, c. 23 and the Water Act, R.S.B.C. 1979, c. 429. The Authority had diverted the stream as part of a nearby highway improvement project. No formal expropriation had taken place. The Board found that there was a statutory basis for the claim, however another requirement that the claim be actionable at common law was not satisfied because the Water Act had repealed previous common law riparian rights. In addition, the Board concluded that it did not have jurisdiction to hear claims under s. 18 of the Water Act. The action was dismissed. No order of costs was made. |
|
|
|
|
|
|
ExLaw citation: |
[1995] EXLAW 97 |
|
Parallel citations: |
(1995) 57 L.C.R. 154 |
|
|