Practice Directives
B.C.
Reg. 451/87
Expropriation Act General Regulation
Province of British
Columbia
Expropriation Compensation Board
PRACTICE DIRECTIVE NO. 1
Opening Statements by Counsel
- At the opening of the hearing of an Application
for Determination for Compensation before the Expropriation
Compensation Board, the Chairman will call on counsel
for the claimant to make an opening statement as to:
| (a) |
the nature and specific elements
of the compensation claimed; |
| (b) |
a brief statement as to the
facts giving rise to the claim; |
| (c) |
the facts or items in the
claim which are admitted by the respondent and
hence are not in dispute; |
| (d) |
the issues and facts in dispute; |
| (e) |
a brief statement as to the
legal principles involved; and |
| (f) |
a brief statement of the
nature of the evidence intended to be called
on behalf of the claimant. |
- After counsel for the claimant has been heard in
opening, the Chairman will call on counsel for the
respondent to:
| (a) |
confirm facts or items in
the claim which are not in dispute; |
| (b) |
state his/her view as to
the issues and facts in dispute; and |
| (c) |
briefly state the nature
of the evidence proposed to be called on behalf
of the respondent. |
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Jack Heinrich, Q.C.
Chairman
|
DATED at Victoria, British Columbia
May 6, 1988
Province of British Columbia
Expropriation Compensation Board
PRACTICE DIRECTIVE
NO. 2
Filing Exhibits at Hearing
In connection with filing exhibits
at any hearing before the Board, counsel shall prepare
and have available for distribution at the hearing sufficient
copies of each letter, report, map or other document
tendered as an exhibit, to provide a copy thereof to
opposing counsel, the court reporter and each of the
three members of the Board. This practice will facilitate
and expedite the conduct of the hearing.
The foregoing requirement does not
apply to letters, reports, maps or other documents which
have been previously filed with the Board. In those
instances, only the original or a verified copy thereof
need be produced at the hearing for filing as an exhibit.
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Jack Heinrich, Q.C.
Chairman
|
DATED at Victoria, British Columbia
May 6, 1988
Province of British
Columbia
Expropriation Compensation Board
PRACTICE DIRECTIVE
NO. 3
Maps of Comparable Sales Data
In cases where two or more appraisal
witnesses are giving evidence based on the market data
approach to valuation using comparable sales data, it
will be of assistance both to counsel and to the Board
to have a single map prepared showing the location and
numbers of all such comparable sales referred to by
the appraisal witnesses. Experience has indicated that
such a map is of considerable assistance at the hearing
and expedites the proceedings.
| |
Jack Heinrich, Q.C.
Chairman
|
DATED at Victoria, British Columbia
May 6, 1988
Province of British
Columbia
Expropriation Compensation Board
PRACTICE DIRECTIVE
NO. 5
(Replacing Practice Directive No. 4)
Obtaining Hearing Dates
(please scroll down or link to NOTE TO THE PRACTICING BAR)
Hearing dates will only be assigned
when both parties have signed a Certificate of Readiness
in the form attached hereto.
The signing and filing of a Certificate
of Readiness will constitute a commitment to the Board
by the party filing:
| 1) |
that report(s) from expert witness(es)
has/have been received and that the report(s) is/are
substantially complete and will be available for
delivery to the other party within 30 days; and |
| 2) |
that the party signing the Certificate
has had satisfactory production and discovery of
the other party's documents or does not require
production and discovery of the other party's documents. |
When Certificates of Readiness have
been filed by all parties to the proceeding, the Registrar
will contact counsel to select a date for the hearing
convenient to all parties. A Notice of Hearing will
then be delivered to the parties.
Where one party has filed a Certificate
of Readiness and the other party or parties have for
60 days thereafter failed to file a Certificate, it
will be in order for the party which has filed its Certificate
to bring a motion in Form D (B.C.
Reg. 452/87) to set a hearing date. Where in the
opinion of the Board the non-filing party or parties
is/are unreasonably delaying the proceeding, the Board
may impose penalties pursuant to s.48
of the Expropriation Act, R.S.B.C. 1996, c.125.
| |
Jack Heinrich, Q.C.
Chairman
|
DATED at Victoria, British Columbia
August 8, 1991
n.b. (s. 48 as of December 31,
1996)
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EXPROPRIATION COMPENSATION BOARD
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E.C.B. Control No. ________
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| B E T W E E N: |
|
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CLAIMANT(S) |
| A N D: |
|
| |
RESPONDENT |
| CERTIFICATE
OF READINESS
FILED BY __________________
|
This party applies to the Board
for a hearing date. In support thereof I certify:
- That at the hearing of this claim for compensation
I propose to call __________ witness to give opinion
evidence.
- That I received from this/each of (these) proposed
witness(es) a report which is/are substantially
complete.
- That in my opinion the evidence contained in
this/these report(s) is complete and no further
research will be required.
- That this/these report(s) will be available
to be served on the other party/parties and for
filing with the Board within 30 days after the
date hereof.
- That I have had satisfactory production and
discovery of the ____________________ documents
or no production and discovery of the ____________________
documents will be asked for or required.
- That I estimate that the hearing will occupy
approximately ________ days.
- That it would be convenient to this party to
have the hearing in ______________, British Columbia.
DATED at ____________, British
Columbia, this ______ date of ____________, 199__.
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___________________________________
Counsel for the Claimant(s)/Respondent
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Province of
British Columbia
Expropriation Compensation Board
Practice Directive
No. 6
Certificate Issued Pursuant to Section
26(3)
| 1. |
The Expropriation
Act, R.S.B.C. 1996, c.126 provides: |
|
| 26. (3) |
The
Board must issue a certificate for the amount
payable, together with interest, if the Board
determines that an owner is entitled to compensation
in excess of |
|
(a) |
the amount
paid under section 20, or |
|
(b) |
any other
amount paid by the expropriating authority
on account of compensation. |
|
| 2. |
Where the owner
desires to obtain a Certificate and the parties
are in agreement as to the amount payable, both
counsel should endorse their approval on the draft
Certificate and deliver the same to the board. |
| 3. |
Where the owner
desires to obtain a Certificate and the parties
are not in agreement as to the amount payable, the
owner should apply to the board pursuant to Rule
7 of the Expropriation Compensation Board Practice
and Procedure Regulation B.C. Reg. 452.87 to settle
the amount. |
| |
_________________________
Jack Heinrich, Q.C.
Chair
|
Dated at Victoria, B.C.
August 19, 1991
(n.b. s.26(3) as of December
31, 1996)
Province
of British Columbia
Expropriation Compensation Board
PRACTICE DIRECTIVE
NO. 7
Tariff of Costs
Any bill for legal or appraisal services
submitted to the Board for review should set out the
claimed items listed in Schedules 1 and 2 of the Tariff,
together with the number of units claimed for each of
the specified items, the scale that is claimed, the
disbursements that are claimed and the taxes that are
claimed. See decision: C.R. All Trucks Ltd. v. MoTH,
09/99/182; Riga Developments Ltd. v. MoTH, 08/99/182
and Associated Building Credits Ltd. v. MoTH, 62/96/182
(unreported, April 11, 2000)
The Board requests that the two sides
agree on whatever Tariff items and disbursements that
they can. The parties should be in a position to explain
to the Board precisely which items in the Bill of Costs
remain in dispute at the beginning of the hearing.
Province of British
Columbia
Expropriation Compensation Board
NOTE TO
THE PRACTICING BAR
RE: HEARING DATES
The purpose of this notice is to
explain the reasons for certain changes which are being
made, on an interim basis, with respect to the assignment
of hearing dates.
At present, hearing dates are assigned
pursuant to Practice Directive No. 5 which requires
that each of the parties sign and file with the Board
a Certificate Readiness in the prescribed form. Where
one party has filed a Certificate of Readiness and the
other party or parties have, within 60 days thereafter,
failed to file a Certificate, the party which has filed
its Certificate may bring a motion to set a hearing
date,
The object of Practice Directive
No. 5 has been to ensure that the parties are substantially
ready to proceed before a hearing date is fixed in order
to facilitate an orderly scheduling of hearings.
However, as the number of claims
for determination of compensation filed with the Board
has grown, and the time required to hear these claims
has correspondingly increased, scheduling delays inevitably
have arisen. These delays have been exacerbated where
one party has filed a Certificate or Readiness and the
other party has not.
The Board recognizes and is concerned
about the potential hardship created by a requirement
that all parties indicate their readiness to proceed
before being in a position even to secure a hearing
date when the available hearing dates are generally
twelve to eighteen months ahead.
The Board wishes to have an opportunity
at an early date to consult with the committee struck
by the members of the Expropriation Association before
formalizing any changes in the current procedures for
setting hearings. As an interim measure, however, the
Board will discontinue its requirement for the filing
of Certificates of Readiness in order to secure a hearing
date.
Effective immediately, the following
procedures will apply:
| (1) |
Counsel for the claimant or the
respondent may, at any time after the respondent
has filed with the Board a copy of the reply in
Form B and proof of service of a reply OR proof
of service of the Form A has been filed with the
Board, contact the Registrar of the Board to request
the reservation of a hearing date. Counsel shall
at that time be in a position to advise the registrar
of an estimate of the reasonable time required,
as agreed between counsel, for the hearing of all
evidence and argument and the dates available to
counsel for the hearing. The Board requests the
co-operation of counsel in arriving at a realistic
estimate of the time required for the hearing. |
| (2) |
The Registrar, upon receipt of
the particulars of this request, will promptly reserve
a date for the hearing convenient to all parties. |
| (3) |
Within 30 days of the reservation
of a hearing date having been arranged, counsel
making the request will sign and file with the Board
an Application to Set Hearing Date in the form attached
to this notice. |
| (4) |
When the Application to Set Hearing
Date has been filed, a Notice of Hearing will then
be delivered to the parties. |
| (5) |
Failure to file an Application
to Set Hearing Date with the Board within the time
prescribed will result in cancellation of the reserved
hearing date. |
| (6) |
Notwithstanding that a Notice
of Hearing has been delivered, no hearing, whether
previously scheduled pursuant to Practice Directive
No. 5 or under the interim procedures outlined above,
will proceed unless one of the parties has signed
and filed with the Board, not later than 60 days
prior to the scheduled hearing date, a Certificate
of Readiness in the form currently prescribed by
Practice Directive No. 5. |
| (7) |
Where counsel are unable to agree
upon the reasonable time required for the hearing,
either party may bring a motion to set a hearing
date. |
The Board anticipates formalizing
its procedures with respect to hearing dates, by way
of a replacement Practice Directive, once consultation
with the committee of the Expropriation Association
has taken place.
| |
_________________________
Jeanne Harvey
Chair
|
DATED at Victoria, British Columbia
August 19, 1993
|
EXPROPRIATION COMPENSATION BOARD
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E.C.B. Control No. ________
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| B E T W E E N: |
|
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CLAIMANT(S) |
| A N D: |
|
| |
RESPONDENT |
| APPLICATION
TO SET HEARING DATE
FILED BY __________________
|
|
This party applies to the Board
for a hearing date. In support thereof I confirm:
- That it has been agreed between the parties
that not more than __________ days is a reasonable
time for the hearing of all evidence and argument
of this claim for compensation.
- That is has been agreed between the parties
that the following dates ______________________________
are convenient for the hearing of this claim
in ____________________, British Columbia.
- That if the claim is settled before the hearing,
I will give the Registrar of the Board prompt
notice of the settlement.
DATED at _______________, B.C.
this _______ day of __________, 199___.
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___________________________________
Counsel for the Claimant(s)/Respondent
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