The family owners of a ranch (the “Chivers”) were unsuccessful in their appeal from certain aspects of a decision of the Expropriation Compensation Board (the “Board”) which had fixed compensation for the effect upon their ranch of the expropriation of a portion of that land for highway widening project

26. July 2005 0
Administrative law – Decisions of administrative tribunals – Expropriation Compensation Board – Judicial review – Standard of review – Correctness – Reasonableness simpliciter Chivers v. British Columbia, [2005] B.C.J. No. 1227, British Columbia Court of Appeal, June 3, 2005, Esson, Prowse and Lowry JJ.A. The Chivers property was bisected by a highway such that the northern ...

The holder of expropriated placer mining interests (“Eckervogt”) appealed the decision of the Expropriation Compensation Board (the “Board”) on the grounds of lack of independence or a reasonable apprehension of bias where one of the Board members (“Greenwood”) accepted a position as prosecutor with the Ministry of the Attorney General while the expropriation decision was under consideration. The court dismissed the appeal holding that the suggestion that Greenwood’s duties of confidentiality and fidelity to the Crown as prosecutor would place him in conflict with his duties as adjudicator was remote and speculative and should not lead to disqualification.

28. September 2004 0
Administrative law – Decisions of administrative tribunals – Expropriation Compensation Board – Conflict of interest – Independence vs. impartiality – Judicial review – Reasonable apprehension of bias – test Eckervogt v. British Columbia (Minister of Employment and Investment), [2004] B.C.J. No. 1492, British Columbia Court of Appeal, July 20, 2004, Finch C.J.B.C., Ryan, Donald, Saunders and ...