| Case name: |
Jesperson's Brake & Muffler Ltd. v. Chilliwack (District) |
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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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Jesperson, Allan Henry |
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Claimant |
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Jesperson, Ann Elizabeth |
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Claimant |
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Jesperson's Brake & Muffler Ltd. |
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Claimant |
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Chilliwack (District) |
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Respondent |
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| Before: |
Decision maker |
Designation |
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Harvey, Jeanne |
Chair |
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| Lawyers: |
Name |
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Appearing for |
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Kaye, Edward K. |
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Claimant |
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Bauman, Robert J. |
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Respondent |
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| Experts: |
Name |
Occupation |
Appearing for |
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Arnett, Ron M. |
Appraiser |
Claimant |
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| Decision: |
Application by the Claimants to the British Columbia Expropriation Compensation Board for a final determination of costs pursuant to the Expropriation Act, S.B.C. 1987, c. 23. The Board had previously made a compensation award based upon a claim for injurious affection without taking. The Board found that the Chair had jurisdiction to determine costs even though the Chair was not a member of the panel which made the compensation award. The Board also found that the Claimant was entitled to have costs determined on the same basis as if there had been an expropriation. An award of costs was made after several adjustments to the amounts claimed. |
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| ExLaw citation: |
[1993] EXLAW 49 |
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| Parallel citations: |
(1993) 51 L.C.R. 62 |
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