North Vancouver (District) v. Hanlon
The Corporation of the District of North Vancouver
Law Firm / Organization
McMillan LLP
Juanna Patricia Hanlon
Law Firm / Organization
Not Specified

Background: In 2018, the District made an advance payment of $2 million based on an appraisal. Hanlon argued the amount was insufficient, leading to a court case under the Expropriation Act.

Trial Judgment: The trial judge determined the market value of Hanlon’s property was $2.9 million as of the expropriation date. The judge favored Hanlon’s expert appraisers over the District’s. Consequently, the District was ordered to pay Hanlon an additional $900,000 plus interest and costs.

Legal Arguments/Issues:

  1. Maximum Market Value from Listing:

    • The District argued the trial judge erred by not treating Hanlon’s 2016-2017 listing price of $1.9 million as conclusive evidence of the property’s maximum market value.
    • The judge found the listing price relevant but not a ceiling on market value, especially in a rising market.
  2. Comparable Sales:

    • The District contended the judge erred by heavily relying on the sale of a comparable assembled land tract.
    • The judge ruled the comparable sale was appropriate, noting the district had not argued against this at trial.
  3. Market Increase Assessment:

    • The District argued the judge incorrectly assessed the rate of market increase.
    • The judge sided with Hanlon’s appraisers, who posited a higher rate of market value increase.

Appeal Outcome: The appeal was dismissed, affirming the trial judge’s decision. Hanlon was awarded an additional $900,000 plus interest and costs.

Court of Appeals for British Columbia
CA48243
Real estate
$ 900,000
Respondent