Monday, February 18, 2008

Lawyers for Stephen Moffett Ltd. gest who?

who was the Lawyers for the "Mr.Chown" and Chown Enterprises??

[24] Similarly, the lawyer for Stephen Moffett Ltd. did not give any particular justification in his affidavit for the Doane Raymond/Grant Thornton report. Furthermore, the references to this report in the trial judge’s reasons for judgment are unclear. He appears to have mixed this report up with the Coastal Appraisals Ltd. report, since he refers, at para. 52, to “Mr. Amond [sic] of Doane Raymond/Grant Thornton.” Mr. Omond was the author of the Coastal Appraisals Ltd. report. Mr. Keough authored the Doane Raymond/Grant Thornton report.

[25] The Doane Raymond/Grant Thornton report relates to the invoice dated December 31, 1997. The invoice is replete with references to “Mr. Chown” and Chown Enterprises and concludes with a reference to a report “quantifying compensation due Myles Chown”. The only references to Stephen Moffett Ltd. are at the end of the first paragraph, where Stephen Moffett is merely described as the owner of the lands leased to Chown Enterprises Ltd., and on page 2, in a bulleted list of Chown’s operating and financial results: “royalties to Stephen Moffett”. Essentially, Doane Raymond/Grant Thornton made an evaluation of the loss of business rights suffered by Chown Enterprises Ltd., one of the owners of the property as defined by the Act. The Doane Raymond/Grant Thornton report was instrumental in achieving a settlement of Chown’s claim for compensation. The trial judge allowed Chown Enterprises Ltd. the amount it was claiming for this report.

[26] In my view, there was no evidence to show that Stephen Moffett Ltd. relied on the Doane Raymond/Grant Thornton report, or why it would have been reasonable for Stephen Moffett Ltd. to recover the cost of its preparation.

[27] Since the evidentiary record does not indicate that either report was necessary in this case, I conclude the trial judge manifestly erred in allowing the disbursements.

[28] For these reasons, I would allow the appeal, disallow the amount of $4,035.85 plus GST/HST awarded to Stephen Moffett Ltd. with respect to the expert report from Coastal Appraisals Ltd. and disallow the award of $23,651.09 plus GST/HST with respect to the expert report of Doane Raymond/Grant Thornton. I would award costs to the Province on the appeal of $2,500.


RIchard Harris is saying here that this means Stephen Moffett out of his 23,651.09 money? did Caldwell not get this man to go to Doane Raymond /Grant Thornton? so the court take the $2,500. of his $4,035.85 IS THIS RIGHT???/ Caldwell now got a bill over the man head? is this right???? Chown Enterprises got his money? So why do the Property owner loss so bad in Expropraition Cases?

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