| Case name: |
Whitechapel Estates 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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Delsom Estates Ltd. |
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Claimant |
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Elsom, Norman Dennis |
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Claimant |
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Piccadilly Estates Ltd. |
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Claimant |
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Whitechapel Estates Ltd. |
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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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Delta (Municipality) |
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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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Grover, Michael R. |
Member |
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| Lawyers: |
Name |
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Appearing for |
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Klassen, Peter W. |
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Claimant |
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Hincks, Alan V.W. |
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Respondent |
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Woodward, Michael C. |
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Respondent |
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| Decision: |
Application by a municipal government to the British Columbia Expropriation Compensation Board, pursuant to the Expropriation Act, S.B.C. 1987, c. 23, for an order dismissing a claim for compensation. The Claimants had previously filed an Application for Determination of Compensation. In that application, the Claimants had named both the Province of British Columbia and the municipality as respondents. It was alleged that the Respondents had acted together to expropriate part of the Claimants' land. However, the expropriation documents did not name the municipality and it was conceded by the Claimants that the municipality had not taken any formal procedures under the Act in relation to the subject property. The British Columbia Expropriation Compensation Board concluded that the pleadings were broad enough to include proper legal claims for compensation against the municipality. The application was dismissed. |
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| ExLaw citation: |
[1993] EXLAW 48 |
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| Parallel citations: |
(1993) 50 L.C.R. 249 |
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