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Family law 2018 BCSC 1732

J.V. v. C.H.

The court addressed retroactive and current child support, adult child status, s. 7 expenses, and property accounting following the parties’ divorce.

  • Retroactive child support
  • Adult child support
  • Child support arrears
  • Special and extraordinary expenses (s.7)
  • Property compensation
  • Loan between third parties
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Expropriation 2006 BCCA 420

Sequoia Springs West Development Corporation v. British Columbia (Minister of Transportation and Highways)

Leave to appeal was granted in an expropriation matter concerning the proper interpretation of s. 46(4) of the Expropriation Act and the calculation of additional interest.

  • Section 46(4) expropriation act
  • Calculation of additional interest
  • Advance payments under s.20
  • Leave to appeal criteria
  • Conflicting tribunal decisions
  • Expropriation
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Administrative law 2002 FCT 450

Thompson v. Canada (Attorney General)

Judicial review of a denial under the Extraordinary Assistance Plan was dismissed. The Court held the independent medical review found no qualifying transfusion evidence and the Minister lacked authority to grant relief.

  • Extraordinary assistance plan
  • Tainted blood compensation
  • Independent medical review
  • Patent unreasonableness standard
  • Procedural fairness
  • Bias allegation
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Expropriation [1974] SCR 1088

National Capital Commission v. McFarland Contruction Co. Ltd.

Supreme Court of Canada held that expropriation compensation was market value plus recoverable drilling and testing costs, with an allowance for delay.

  • Market value
  • Special value to owner
  • Expenditures before expropriation
  • Delay in filing notice
  • Interest as damages
  • Carrying charges
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Expropriation [1971] SCR 170

City of Halifax v. Bauditz

The Supreme Court upheld an expropriation valuation based on apartment development as the land’s highest and best use, but corrected the expense total and reduced the award slightly.

  • Highest and best use
  • Market value to owner
  • Valuation methodology
  • Allowable expenses and damages
  • Statutory review of valuation
  • Expropriation
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Expropriation [1968] SCR 633

Saint John Harbour Bridge Authority v. J.M. Driscoll Limited

The Supreme Court of Canada fixed expropriation compensation at $143,275.69, valuing the land by highest and best use, rejecting added building value and special value, but allowing business disturbance damages.

  • Highest and best use
  • Business disturbance
  • Special value to owner
  • Valuation of buildings
  • Forcible taking
  • Expropriation-compensation
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Expropriation [1949] SCR 712

Diggon-Hibben Ltd. v. The King

Expropriation appeal on valuation to the owner, disturbance losses, and a discretionary 10% compulsory-taking allowance. The Supreme Court varied the award upward by $10,000.

  • Value to owner
  • Disturbance damages
  • Compulsory taking allowance
  • Valuation date
  • Expropriation
  • Compensation
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Expropriation (1918) 59 SCR 682

Raymond v. The King

The Supreme Court of Canada dismissed Raymond’s appeal in an expropriation compensation dispute and allowed the Crown’s cross-appeal, reducing the award.

  • Valuation of expropriated land
  • Water-lot/beach-lot compensation
  • Compulsory taking
  • Damages
  • Expropriation
  • Property-law
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Expropriation (1906) 38 SCR 149

Dodge v. The King

On expropriation, the Supreme Court of Canada held compensation should reflect market value, not unproven orchard potential. The cross-appeal was allowed and the owner’s higher award set aside.

  • Market value
  • Potential value (special use)
  • Expert witness limits
  • Reference and appellate review
  • Expropriation
  • Market-value
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Canada decisions are organised by court, judge, legal area and indexed issue so a practitioner can move from a proposition to a citable authority with the surrounding context intact.