| Case name: |
Pay Less Gas Co. (1972) Ltd. v. British Columbia (Minister of Transportation and Highways) |
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| Jurisdiction: |
Canada - British Columbia |
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| Parties: |
Name |
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Appearing as |
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Pay Less Gas Co. (1972) Ltd. |
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Plaintiff |
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Shell Canada Products Limited |
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Plaintiff |
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British Columbia (Minister of Transportation and Highways) |
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Defendant |
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| Before: |
Decision maker |
Designation |
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Bolton, Neil |
Master |
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| Lawyers: |
Name |
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Appearing for |
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Dley, S. Dev |
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Plaintiff |
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Crowhurst, Frances |
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Defendant |
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| Experts: |
Name |
Occupation |
Appearing for |
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Hooge, Ronald J. |
Valuator |
Plaintiff |
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Spence, Donald M. |
Valuator |
Plaintiff |
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| Decision: |
Application by two Plaintiffs for a final review of costs pursuant to the Expropriation Act, R.S.B.C. 1996, c. 125, s. 45. The costs claimed arose from three separate expropriations in 1990. A land compensation award had been made in one case and claims for land compensation in the other two cases had been settled without a hearing. The subject properties were located in Mill Bay and the land was taken for the purpose of widening the Trans-Canada Highway. Upon the close of the Plaintiffs' case at the cost review hearing, the aggregate amount claimed for costs was $694,586. The aggregate advance payment paid by the Defendant towards the Plaintiffs' costs was $173,316. After numerous adjustments to the amounts claimed for professional costs incurred by the Claimants, a final cost award was made. However, the amount of the award was left for calculation by the parties using the guidelines set out in the decision. |
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| Neutral citation: |
2006 BCSC 1431 |
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| ExLaw citation: |
[2006] EXLAW 316 |
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| Parallel citations: |
(2006) 152 A.C.W.S. (3d) 650 |
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[2006] B.C.J. No. 2145 |
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(2006) 90 L.C.R. 192 |
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