| 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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Shorthouse, Robert W.C. |
Chair |
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| Lawyers: |
Name |
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Appearing for |
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Johnson, Scott M. |
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Claimant |
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Hincks, Alan V.W. |
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Respondent |
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| Decision: |
Application by the Claimants for an interim review of costs payable pursuant to s. 47 of the Expropriation Act, S.B.C. 1987, c. 23. This application raised a preliminary issue concerning the jurisdiction of the British Columbia Expropriation Compensation Board to make an award of costs under the Act for costs incurred in relation to expropriations commenced before the Act came into force. The Board concluded that the cost provisions of the Act were applicable and that it did have jurisdication to make a cost award. The Board also found that the Province was not liable to reimburse the Claimants for their costs of pursuing a compensation claim against the municipal government. Finally, the Board held that the Claimants were entitled under s. 47 of the Act to reimbursement of engineering costs incurred for the purpose of pursuing their claim for compensation. The Claimants were not entitled to reimbursement under this section for other engineering costs even though they may have been incurred as a result of the expropriation. However, those costs might be recoverable as disturbance damages. The balance of the application was adjourned. |
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| ExLaw citation: |
[1994] EXLAW 80 |
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| Parallel citations: |
(1994) 55 L.C.R. 140 |
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