Majority
The judgment of the Court was delivered orally by
SPENCE J.
SPENCE J.—It is not necessary to hear further from you, Mr. Laxton and Mr. Maas. We are all of the opinion that the appeal should be dismissed with costs. We are also of the opinion that the direction to the arbitrators in respect to the subject-matter of this appeal should be:
In order to receive any special value the onus is on Arpro to prove that its property, because of circumstances peculiar to Arpro, had more value to Arpro than it would have had to another competent and knowledgeable developer putting the property to similar use.
Judgment accordingly.
Solicitors for the appellant: Davis & Co., Vancouver.
Solicitors for the respondent: Laxton & Co., Vancouver.
Footnotes
- [1] (1977), 5 B.C.L.R. 184.