Index of Court of Appeal Decisions
Appeals from those cases heard by the Supreme Court are subject to the Supreme Court rules.
The following is a list of those Expropriation Compensation Board decisions which have been appealed to either the BCCA or the BCSC. Those decisions which have been reported in the Land Compensation Reports from Volume 56 (1996) forward can also be viewed at (www.courts.gov.bc.ca).
| NO. |
CASE
NAME, DECISION NO., DATE RELEASED
& DESCRIPTION OF APPEAL |
EXPROPRIATION
ACT
(1996, c.125) SECTIONS |
ECB
LCR CITE |
APPEAL
LCR CITE |
B.C.
COURT |
| 1 |
Trepke et al v.
Matsqui, 12/89/14 (19/04/90).
Application for Leave to Appeal. Issue: weight to
be applied to evidence. Leave denied. |
s.28 |
43
LCR 110 |
43
LCR 218 |
BCCA |
| 2 |
B.C. Corp. of 7th
Day Adventist Church v. MoTH, 3/90/21 (11/04/91).
Application for Leave to Appeal. Issue: Highest
and Best Use. Leave denied. |
ss. 3, 26(5), 28,
33(d) |
45
LCR 121 |
46
LCR 254 |
BCCA |
| 3 |
Douglas Lake Cattle
Co. v. MoTH49/89/20 (11/02/91).
Appeal: whether Chair acted properly in adjourning
motions after jurisdiction challenged on grounds
of Board's lack of independence. Appeal dismissed. |
ss. 28, 26(5), 48(1),
(2) |
45
LCR 30 |
45
LCR 83 |
BCCA |
| 4 |
Hruschak Estate
et al. v. Vernon 55/90/27 (23/08/91).
Appeal: re disturbance damages and discovery of
documents. Appeal dismissed. |
ss. 31, 33. BC
Reg. 452/87 ss. 8 and 12 |
46
LCR 215 |
51
LCR 81 |
BCCA |
| 5 |
Neill v. MoTH, 36/89/29
(04/09/91).
Appeal of cost decision. Appeal dismissed.
50 LCR 241 appealed and dismissed. |
ss. 26(3), 45(3),
(4), (5), (6), (7), (10), 48 |
47
LCR 112 |
50
LCR 241
58 LCR 5
|
BCSC
BCCA
|
| 6 |
Hruschak Estate
et al. v. Vernon 55/90/36 (10/08/92).
Appeal of cost decision. Appeal dismissed. |
ss. 45(3), (7),
(12), (13) 48(1) |
47
LCR 250 |
50
LCR 1 |
BCSC |
| 7 |
Jesperson's Brake
& Muffler Ltd. v. Chilliwack, 43/90/34 (07/07/92).
Leave to appeal allowed (48 LCR 161). Appeal: imposition
of additional interest (pure injurious affection)
Leave allowed. |
ss. 20(1), (11),
41(3)(b), 45(1), 46(1), (4), 48(2) |
47
LCR 172 |
52
LCR 95 |
BCCA |
| 8 |
343146 BC Ltd. v.
MoTH, 16/90/44 (23/3/93).
Appeal of cost decision. Appeal dismissed. |
ss. 45(3), (7) (9) |
50
LCR 221 |
52
LCR 274 |
BCSC |
| 9 |
Casamiro Resources
Ltd. et al. v. HMQ 45/89/45 (16/04/93).
Leave to appeal granted in part 62 LCR 1. Appeal:
market value/basis of valuation Appeal dismissed. |
ss. 27, 31, 32,
33, 34 |
50
LCR 99 |
70
LCR 81 |
BCCA |
| 10 |
Surrey Animal Hospital
Ltd. v. MoTH 17/92/50 (15/07/93).
Leave to appeal granted 52 LCR 135. Appeal: disturbance
damages. Appeal dismissed. |
ss. 34 (1), (4) |
51
LCR 37 |
60
LCR 259 |
BCCA |
| 11 |
Cejka v. Cariboo
Regional District 50/92/54 (29/92/93).
Appeal: did tender of cheque constitute payment?
Appeal dismissed. |
BC Reg. 452/87 s.
7
Act: ss. 20(1), 25 |
51
LCR 113 |
53
LCR 85 |
BCCA |
| 12 |
Devick v. MoTH,
6/90/60 (15/04/94)
Leave to appeal granted, 53 LCR 81. Appeal: market
value and highest/best use. Appeal allowed: remainder
value increased and interest awarded. |
ss. 20, 33(d) |
52
LCR 212 |
63
LCR 193 |
BCCA |
| 13 |
Penno v. MoTH.
Judicial review of Board order (unreported), re:
Board's jurisdiction to consider how advance payment
is to be made. Appeal dismissed. |
ss 20(1)(d), (3),
(5), (11) 28 |
unreported |
53
LCR 2 |
BCSC |
| 14 |
Patterson v. MoTH,
37/91/65 (18/07/94).
Whether relocation expenses and other non-pecuniary
expenses are recoverable. Appeal dismissed. |
s. 3, 25(1)(a)(c),
27, 29(1) 30, 33(1)(a)(b), 39(1)(a)(b) |
53
LCR 88 |
62
LCR 89 |
BCCA |
| 15 |
Branscombe v. MoTH,
72/91/69 (07/10/94).
Leave to appeal granted 56 LCR 138. Appeal of cost
decision. Dismissed. |
ss. 45(7), (11),
(13) |
54
LCR 1 |
60
LCR 253 |
BCSC |
| 16 |
Tidmarsh v. Reg.
Dist. of Comox-Strathcona.
Appeal, re: claim for interest disallowed. Appeal
allowed, returned to Chair to rehear. |
ss. 45, 48 |
54
LCR 13 |
55
LCR 81 |
BCSC |
| 17 |
McKinnon v. School
District No. 36 56/92/72 (13/10/94).
Appeal of cost decision. Appeal abandoned. Special
costs awarded. |
s. 45 |
54
LCR 23 |
63
LCR 110 |
BCSC |
| 18 |
Vision Homes &
Kismet Enterprises v. Nanaimo, 15/93/76 (26/10/94).
Appeal, re: market value, highest & best use,
before & after values. Appeal dismissed. |
ss. 20, 31(1), 32, (33)(a), (d),
(e), (g), 34 , 40(1), (3) |
54
LCR 103 |
59
LCR 106 |
BCCA |
| 19 |
Kliman & Phoenix
Estates v. School District No. 63, 88/91/81, 4/92/81
(23/12/94).
Appeal, re: fail to allow losses for financial agreement,
choosing discount rate without proper evidence,
awarding less than 100% for costs. Appeal dismissed. |
ss. 31(1), 45(5) |
54
LCR 242 |
60
LR 246 |
BCCA |
| 20 |
Petro Canada Inc.
v. Vancouver 47/89/71 (13/10/94).
Appeal, re: injurious affection damages. Appeal
dismissed. |
s. 41(3)(a) |
54
LCR 224 |
60
LCR 9 |
BCCA |
| 21 |
L'Abri B.C. Ltd.
et al. v. School District 34 15/91/61 (29/04/94).
Leave to appeal, denied. |
ss. 3, 3(1), 20,
28, 45, 46(4) |
56
LCR 161 |
unreported |
BCCA |
| 22 |
MacPhail's Equipment
Co. Ltd. v. Surrey 18/89/92 (26/07/95).
Appeal: entitlement to additional interest. Appeal
allowed to set aside award for additional interest. |
ss. 20(1), 46(1),
(4) |
57
LCR 57 |
61
LCR 104 |
BCCA |
| 23 |
Okanagan Dairy Transport
and Kootenay Dairy Transport v. Vernon 14/91/96
and 56/91/96 (29/09/95).
Appeal, re: refusing to reinstate abandoned claim,
apprehension of bias (due to remarks of claimant's
counsel). Appeal dismissed. |
ss. 3(1)(b), 28 |
57
LCR 211 |
61
LCR 90 |
BCCA |
| 24 |
Linear Construction
Corp. v. MoTH 38/94/99 (26/10/95).
Appeal, re: definition of an owner. Appeal allowed.
Linear Construction not an owner. |
ss. 1, 6, 7(2)(a),
23, 31 |
57
LCR 280 |
63
LCR 1 |
BCCA |
| 25 |
Richmond v. B.C.
Appeal, re: Should Judicial review to prohibit ECB
from determining compensation on application.
Petition dismissed. Board can engage its own inquiry,
re: jurisdiction. |
ss. 1, 2, 3, 8(3),
18(4), 25(1), 29, 39, 40(3) |
not
reported |
61
LCR 83 |
BCSC |
| 26 |
Actton Petroleum
Sales v. MoTH 11/88/107 (26/03/96).
Leave to appeal allowed in part: 59 LCR 13. Appeal:
refusing to award disturbance damages for loss of
business. Appeal dismissed. |
ss. 1, 27, 34 |
58
LCR 47 |
64
LCR 161 |
BCCA |
| 27 |
Ingham, Kowlaski & Jamieson
v. Creston 30-32/93/114
(25/06/96). |
Appeal: re: basis of valuation, re: injurious deduction of general benefits, calculating reduction of market value to remainder. Appeal allowed: award set aside for loss of value to remainder
Reheard by the Board. See 30-32/93/187 |
|
ss. 28, 40(1), 44(1) |
|
66
LCR 161 |
BCCA |
| 28 |
Bayview Builders Supply
(1972) Ltd. v. MoTH
73/91/123 (26/09/96). |
Appeal, re: relocation costs & business losses, add. interest. Appeal allowed: referred to ECB for reconsideration.
See 73/91/201 |
|
ss. 31, 34, 401,
41, 46(4) |
|
66
LCR 176 |
BCCA |
| 29 |
Oceanside Village
Developments Inc. v. MoTH 59/96/128 (24/10/96).
Judicial review, re: compliance with s. 20(1). Petitioner
entitled to declaration that MoTH failed to comply
with section 20(1). |
ss. 20, 26, 51(2) |
60
LCR 60 |
61
LCR 1 |
BCSC |
| 30 |
Golden Valley Golf
Course Ltd. v. MoTH 35/91/160 (08/09/98).
Appeal, re: reasonable apprehension of bias; functus
officio, setting aside notice of discontinuance
and interpretation of agreement. Appeal allowed,
re: bias, returned to Board to rehear. |
ss. 3(1), (2), (3),
20(1)(c),(d),(e), (2), (3), (8), (9), (10) (11),
(12), 25, 26(1)(a), (2), (3), (4), 28, 30(1), (2),
45 and 48. |
65
LCR 151 |
73
LCR 81 |
BCCA |
| 31 |
Hansen et al. v.
MoTH, 60/96/161 (02/10/98).
Leave to appeal granted: 66 LCR 234. Appeal, re:
statute barred/limitation period. Appeal dismissed. |
ss. 3, 20, 25, 28 |
65
LCR 127 |
70
LCR 1 |
BCCA |
| 32 |
Reti v. District
of Sicamous, 44/97/164 (06/01/99).
Application for leave to appeal: Grounds: whether
the Board can adopt a procedure analgous to Rule
18A. Leave denied. |
ss.l 28, 41(3),
42 |
66
LCR 57 |
66
LCR 235 |
BCCA |
| 33 |
Daflos v. School District 42,
39/94/176 (25/11/99). |
Leave to appeal granted in
part, re: ECB award of
penalty interest. |
Appeal allowed, award for
penalty interest set aside. |
|
ss. 10, 20, 45(5),
46(1) (4), 47 |
68
LCR 167 |
|
BCCA |
| 34 |
Sequoia Springs West
Development Corp. v. MoTH,
93/95/180 (15/02/00). |
Leave to appeal, re:
improper use of hindsight
evidence, costs thrown
away, development
delayed/failing to make
award re disturbance
damages, award for business
loss instead of
disturbance damages.
Leave granted. |
Appeal granted in part to
claimant for costs thrown
away on land taken only.
See decision released
03/01/03. Cross appeal
dismissed. |
|
ss. 3 and 28 |
69
LCR 1 |
|
|
| 35 |
Ingham et al. v.
Creston, 30-32/93/184 (16/05/00).
Appeal, re: costs. Appeal allowed in part. Claim
since settled completely. |
ss. 45(3), (4),
(7)(a), (9), (10), (12) |
69
LCR 263 |
73
LCR 122 |
BCSC |
| 36 |
Reon Management Services
Ltd. v. MoTH 34/91/185
(02/06/00). |
Leave to appeal granted: 70 LCR 201. Appeal, re: Board decision that settlement had been reached. Appeal allowed.
See 35/91/204 |
|
ss. 28(1), 45(1)(4) |
|
75
LCR 81 |
BCCA |
| 37 |
Premanco Industries
Ltd. v. Min. ELP 23/94/189 (04/10/00).
Leave to appeal, re: valuation and interest. Leave
denied. |
ss. 31(2)(a), 46(4) |
71
LCR 6 |
72
LCR 1 |
BCCA |
| 38a |
Whitechapel Estates
et al.
v. MoTH
Judicial review, re: allegation of bias. Judicial
review originally dismissed as out of time; see
65 LCR 7. Appeal allowed and remitted to BCSC for
determination on 65 LCR 7. Petition dismissed. Settled. |
ss. 2(1), 29, 46(12),
51 |
n/a |
66
LCR 193 |
BCSC |
| 38b |
Whitechapel Estates et al.
v MoTH |
| Leave to appeal compensation decision granted October 4, 2002. |
| Leave to cross appeal on one ground granted January 27, 2003. Settled. |
|
|
78
LCR 32 |
|
|
| 39 |
Mischek v. MoTH,
36/98/196 (10/01/01).
Leave to appeal granted 23/04/01. |
|
72
LCR 221 |
unreported |
BCCA |
| 40 |
Campbell River Woodworkers
& Builders' Supply (1996)
Ltd. v. MoTH 35/97/200
(12/02/01). |
| Leave to appeal granted 23/04/01. |
| Appeal on special economic advantage dismissed. Appeal on cost entitlement allowed. (19/02/03) |
|
|
72 LCR 161
|
74 LCR 284
|
| 80 LCR 241 |
|
|
BCCA |
| 41 |
| Vancouver Marina Ltd. (1971) v. MoTH 34/99/205 (28/03/01). |
| Leave to appeal granted. 21/09/01 |
| Appeal dismissed. 25/11/01 |
|
|
72
LCR 245 |
|
|
| 42 |
Gorman Bros. Lumber
Ltd. and Dunfield Holdings Inc. v. MoTH 33/99/227
(17/09/02).
Leave to appeal denied (02/06/03) |
s. 28 |
unreported |
unreported |
BCCA |
| 43 |
| Eckervogt et al. v. Min. of Employment and Investment |
| Application by Board to be added as a party or intervener on an appeal. Dismissed |
| Review of 79 LCR 22. Dismissed |
|
|
75
LCR 161 |
79 LCR 22
|
79 LCR 27
|
| 79 LCR 27 |
|
|
| 44 |
Chivers v. HMQ,
12/00/240 (12/08/03). Leave appeal filed by claimants
on Sept. 11, 2003. Leave to Appeal granted, appeal to be heard February 15, 2005. |
s. 28 |
unreported |
|
BCCA |
| 45 |
Payless Gas Co.
(1972) Ltd. et al. v. MoTH 8/91/210, dated Sept.
21, 2001.
Leave to Appeal filed by the claimants on October
13, 2001. Settled. |
|
74
LCR 81 |
|
BCCA |
| 46 |
Payless Gas Co.
(1972) Ltd. v. MoTH 8/91/223, dated June 20, 2002.
Leave to Appeal filed by the respondent on June
16, 2002. Settled. |
|
77 LCR 197 |
|
BCCA
|
| 47 |
Greatbanks, J. &
TNL Construction Ltd. v. MOTH, 9/94/242 & 13/94/242.
Respondent and claimants have filed leave to appeal
on Jan. 2, 2004. Leave to Appeal granted, no date set. |
|
82 LCR 1 |
|
BCCA
|
| 48(a) |
Clements et al. v. Penticton
57-66/01/245 (07/01/04) Appeal of costs awarded. Appeal abandoned. |
s. 28 |
81 LCR 199 |
|
BCCA |
| 48(b) |
Clements et al. v. Penticton
57-66/01/232 (07/01/04) Appeal based on errors in lawand lack of jurisdiction on part of Vice Chair to provide reasons. Leave to appeal granted. Appeal dismissed. |
s. 28 |
79 LCR 161 |
86 LCR 81 |
BCCA |
| 49 |
Maddocks, K. & Maddocks Farms Ltd. v. Surrey 07/97/250 & 07/98/250 (04/10/04)
Appeal based on errors in law. Leave filed Oct. 18, 2004 |
s. 28 |
unreported |
|
BCCA |
|
