| Case name: |
Cokato Dairy & Stock Farms Ltd. v. Fernie (City) |
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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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Cokato Dairy & Stock Farms Limited |
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Claimant |
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Fernie (City) |
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Authority |
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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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Hood, D. Roderick |
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Claimant |
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Melville, J. Bruce |
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Claimant |
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McAllister, Michael R. |
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Authority |
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| Experts: |
Name |
Occupation |
Appearing for |
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Barrington, J.W. (Ben) |
Appraiser |
Claimant |
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Schroeter, Daniel E. |
Agrologist |
Claimant |
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| Decision: |
Application by the Claimant to the British Columbia Expropriation Compensation Board for a final cost review pursuant to the Expropriation Act, S.B.C. 1987, c. 23. Partial taking of a statutory right of way for a sewer pipeline. The subject property was located near the City of Fernie. The total costs were presented by the Claimant at $38,413.59 for legal, appraisal and agricultural consulting services. The Board found that the Claimant's reasonable costs totalled $21,104.67. However the Board had previously determined that the Claimants were entitled to recover only 80% of their reasonable costs. After this downward adjustment the cost award was reduced to $16,883.74. The Authority had previously advanced $18,849.16 to the Claimant. |
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| ExLaw citation: |
[1998] EXLAW 266 |
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| Parallel citations: |
(1998) 64 L.C.R. 242 |
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