Case name: |
Reeves v. British Columbia Hydro and Power Authority |
|
|
Jurisdiction: |
Canada - British Columbia |
|
|
|
|
|
Parties: |
Name |
|
Appearing as |
|
Reeves, Daniel |
|
Plaintiff |
|
Reeves, Linda |
|
Plaintiff |
|
Reeves, May |
|
Plaintiff |
|
Reeves, Ralph |
|
Plaintiff |
|
Reeves, Robert |
|
Plaintiff |
|
British Columbia Hydro and Power Authority |
|
Defendant |
|
Before: |
Decision maker |
Designation |
|
Fisher, Barbara |
J. |
|
Lawyers: |
Name |
|
Appearing for |
|
MacKinnon, Ian D. |
|
Plaintiff |
|
Radac, Nora |
|
Plaintiff |
|
McDonell, Robert J. |
|
Defendant |
|
Wagner, Michael J.J. |
|
Defendant |
|
Experts: |
Name |
Occupation |
Appearing for |
|
Bell, Ken |
Arborist |
Plaintiff |
|
Hooker, Dale C. |
Appraiser |
Plaintiff |
|
Sandberg, Robert |
Forester |
Plaintiff |
|
Verbenkov, Oleg |
Planner |
Plaintiff |
|
Umlah, Reid S. |
Appraiser |
Defendant |
|
|
|
|
Decision: |
Application by the Plaintiffs for determination of compensation payable pursuant to the Expropriation Act, RSBC 1996, c. 125. The Defendant expropriated one temporary and three permanent statutory rights of way from the Plaintiffs' property located at Abbotsford. The rights were expropriated to permit development of a new electric substation. A further claim was advanced for damages for an alleged trespass caused by construction of access roads and removal of trees from the subject property by the Defendant. The subject property was a 21 ac. parcel part of which was already subject to statutory rights of way acquired by the Defendant in the 1950's. Both parties were in agreement that the highest and best use of the land was as a holding property for future industrial development. The Defendant made an advance payment in the amount of $181,200. The Court awarded compensation in the amount of $497,860 plus regular and additional interest and costs. |
|
|
|
|
Related decisions: |
|
|
|
|
Earlier |
|
|
Later |
|
|
Neutral citation: |
2009 BCSC 1285 |
|
ExLaw citation: |
[2009] EXLAW 308 |
|
Parallel citations: |
(2009) 181 A.C.W.S. (3d) 491 |
|
[2009] B.C.J. No. 1885 |
|
(2009) 47 C.E.L.R. (3d) 288 |
|
(2009) 98 L.C.R. 263 |
|
|