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[Back] DECISION DIGEST  
Record no. 1197
Case name: Pay Less Gas Co. (1972) Ltd. v. British Columbia (Minister of Transportation and Highways)
Date: 2007-09-17
Jurisdiction: Canada - British Columbia
Court: Supreme Court
Release registry: [Subscribers only]
Court file: [Subscribers only]
Order no.: [Subscribers only]
Parties: Name   Appearing as
  Pay Less Gas Co. (1972) Ltd.   Claimant
  Shell Canada Products Limited   Claimant
  British Columbia (Minister of Transportation and Highways)   Authority
Before: Decision maker Designation
Bolton, Neil Master
Lawyers: Name   Appearing for
  Dley, S. Dev   Claimant
  Crowhurst, Frances   Authority
Experts:  
Taking type: [Subscribers only]
Valuation date: [Subscribers only]
Case elements: [Subscribers only]
Decision: Continuation of a final cost review hearing pursuant to the Expropriation Act, R.S.B.C. 1996, c. 125. The Claimants sought a reconsideration of the award for legal fees. This application was dismissed. Next the court dealt with the Claimant's entitlement to interest on the costs awarded. Some of the costs had been submitted to the authority before the compensation hearing had commenced in 1995, as permitted by s. 48(1) of the Act. On those accounts, interest ran from the date falling 60 days after submission of the cost claims. The remaining cost claims had been submitted after the compensation hearing commenced. On those claims, interest ran from the date the cost review hearing commenced in 2006. Finally, the court awarded costs of the review hearing to the Claimants. The effect of a with prejudice offer by the Authority to settle the claims for interest and costs was reserved for future consideration.
Comment: [Subscribers only]
Statute references: [Subscribers only]
Case references: [Subscribers only]
Related decisions:      
  Earlier
  [2001] EXLAW 331 B.C. E.C.B. 2001-09-21
  [2002] EXLAW 315 B.C. E.C.B. 2002-06-20
  [2003] EXLAW 330 B.C. E.C.B. 2003-12-11
  [2006] EXLAW 316 B.C. S.C. 2006-09-22
  Later
  [2007] EXLAW 313 B.C. S.C. 2007-12-06
  [2008] EXLAW 303 B.C. S.C. 2008-05-02
Neutral citation: 2007 BCSC 1384
ExLaw citation: [2007] EXLAW 311
Parallel citations: (2007) 161 A.C.W.S. (3d) 581
  [2007] B.C.J. No. 2031
  (2007) 93 L.C.R. 11
Reasons: [Subscribers only]
Digests contain original content produced by ExLaw and copyright in this content is held by Dicta Legal Services Ltd. (dba Expropriation Law Centre). Reasons for decision are the text of original decisions released by the court or tribunal and edited for accuracy where required. No copyright is claimed for these materials.
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Page last updated: April 21, 2024