Background: Springman and Springman Limited operated a car dealership in Surrey, BC, partially owned by 498198 B.C. Ltd. and Larry Visco. The City of Surrey expropriated part of their property for an overpass project, which significantly impacted their business operations and property value.

Legal Issues: The appellants argued that the compensation for the reduction in property value was inadequate. The court found that the trial judge had erred in calculating compensation based on a percentage approach without market evidence. Consequently, the compensation for injurious affection was increased to $382,144 from $154,114. The appellants also sought additional compensation for business losses, including out-of-pocket expenses and losses on inventory due to a forced sale. The court awarded Springman and Springman Limited $66,115 for out-of-pocket expenses and $83,000 for inventory losses. Additionally, the appellants claimed compensation for the lost opportunity to continue their business until their planned retirement. However, the court rejected this claim, noting that such losses were not compensable under the Expropriation Act.

Held: The Court of Appeal for British Columbia ruled in favor of the appellants, Springman and Springman Limited, 498198 B.C. Ltd., and Larry Visco.

Costs/Awards: The court ruled in favor of the appellants, increasing the compensation for injurious affection to $382,144 and awarding an additional $149,115 ($66,115 + $83,000) for business losses, subject to an acceleration discount. In total, the court awarded $531,259 to the appellants. The appellants were also entitled to their costs of the appeal.