| Case name: |
Premanco Industries Ltd. v. British Columbia (Minister of Environment, Lands and Parks) |
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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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Premanco Industries Ltd. |
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Claimant |
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British Columbia (Minister of Environment Lands and Parks) |
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Authority |
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| Before: |
Decision maker |
Designation |
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Greenwood, Julian K. |
Member |
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Guthrie, Art |
Member |
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Shorthouse, Robert W.C. |
Chair |
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| Lawyers: |
Name |
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Appearing for |
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Moir, Stuart A. |
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Claimant |
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Schroeder, F. Andrew |
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Claimant |
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Hincks, Alan V.W. |
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Authority |
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| Experts: |
Name |
Occupation |
Appearing for |
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Addie, George |
Geologist |
Claimant |
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Addie, Gordon |
Geologist |
Claimant |
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Bouvette, Zane |
Real Estate Agent |
Claimant |
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Croft, Stuart A.S. |
Geologist |
Claimant |
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Lawrence, Ross D. |
Geologist |
Claimant |
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Roscoe, Dr. William E. |
Geologist |
Authority |
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| Decision: |
Compensation award by the Expropriation Compensation Board pursuant to the Expropriation Act, R.S.B.C. 1996, c. 125, arising from the constructive expropriation of several Crown granted mineral claims. The mineral claims were located within a provincial park. The claim for compensation arose from a reclassification of the park status that led to a denial of surface access to the claims.
The main issues were the date for valuation purposes, the appropriate methodology for valuation and the valuation itself, whether there was any special economic advantage not included in market value, whether the surface rights should be valued separately from the undersurface rights and whether the Board should order the claimant to convey to the authority its title in the mineral claims as a condition of payment of compensation. In making its award, the Board relied upon both the Appraised Value Method and the Comparable Transaction Method to determine the value of the claims and rejected the additional claims for special economic advantage and surface rights. The Board awarded compensation which was greater than the authority's advance payment. The Board also determined that it did not have jurisdiction to order the mineral titles to be conveyed to the authority. |
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| ExLaw citation: |
[2000] EXLAW 328 |
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| Parallel citations: |
(2000) 71 L.C.R. 6 |
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