| Case name: |
Hampton Investments 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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Hampton Investments Ltd. |
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Claimant |
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Taylor Ventures Ltd. |
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Claimant |
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British Columbia (Minister of Transportation and Highways) |
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Authority |
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Nanaimo (City) |
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Authority |
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| Before: |
Decision maker |
Designation |
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Greenwood, Julian K. |
Member |
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Grover, Michael R. |
Member |
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Guthrie, Art |
Member |
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| Lawyers: |
Name |
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Appearing for |
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Caverley, Clayton W. |
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Claimant |
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Wilson, Cora D. |
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Claimant |
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Hincks, Alan V.W. |
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Authority |
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Williamson, Barry S. |
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Authority |
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| Experts: |
Name |
Occupation |
Appearing for |
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Wilson, David J. |
Appraiser |
Claimant |
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| Decision: |
Application by the Claimants to the British Columbia Expropriation Compensation Board for determination of compensation pursuant to the Expropriation Act, R.S.B.C. 1996, c. 125. Partial taking of 15 ac. from a 75 ac. parcel of land in the City of Nanaimo. The land was expropriated for highway purposes. Claims were brought against both the Minister of Transportation and Highways and the City of Nanaimo. During the compensation hearing the claims against the Minister were settled. The remaining claim alleged that the City had adopted certain development guidelines which restricted development on portions of the remaining land adjacent to the new highway. It was alleged that the City was liable to compensate pursuant to s. 544 of the Municipal Act, R.S.B.C. 1979, c. 290, or pursuant to s. 40 of the Expropriation Act or on the basis that there had been a constructive expropriation of the land. It was held that the City's actions did not amount to a legal expropriation nor a constructive expropriation. Further, the City's actions would not have been actionable at common law. The City also had a statutory defence in s. 972(1) of the Municipal Act. The claim was dismissed with leave granted to make further submissions on costs. |
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| ExLaw citation: |
[1997] EXLAW 230 |
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| Parallel citations: |
(1997) 61 L.C.R. 224 |
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