Does the design of the Carolin mine in B.C. suffer from functional or economic obsolescence caused by events subsequent to its design and construction?
British Columbia, Canada
The following excerpt is from Carolin Mines Ltd. v. Chilliwack, 1992 CanLII 766 (BC CA):
39 The Carolin plant does not suffer from functional or economic obsolescence caused by events subsequent to its design and construction, as did the grain silos in Assessor of Area #08 - North Shore, Squamish Valley v. Saskatchewan Wheat Pool (1990), 4 B.C.Stated Cases (295) 1705 (B.C.S.C.) In that case, ground subsidence after construction resulted in limited use. In the case at bar, the evidence is that the Carolin plant was inadvertently not designed to maximize the profitability of the ore body as it actually existed.
"The most advanced legal research software ever built."
The above passage should not be considered legal advice. Reliable answers to complex legal questions require comprehensive research memos. To learn more visit www.alexi.com.
Other Questions
What is the case law in Canada on the subject of subsequent events which aggravate injuries received in a tortiously caused accident? (British Columbia, Canada)
Can an employer who has not asserted just cause at the time of firing an employee from alleging subsequently discovered just cause? (British Columbia, Canada)
Can knowledge of a cause of cause be used as grounds for cause of dismissal? (British Columbia, Canada)
Can a variation of an order regarding distribution of matrimonial home proceeds be varied based on subsequent events? (British Columbia, Canada)
What are the general damages for pain and suffering caused by battery injuries? (British Columbia, Canada)
What is the standard of proof required for a plaintiff to prove that a hypothetical event occurred at the same time as an actual event? (British Columbia, Canada)
What is the range of damages for pain, suffering and loss of enjoyment of life and amenities caused by negligence? (British Columbia, Canada)
What is the standard of damages for pain and suffering suffered by a plaintiff in a medical malpractice case? (British Columbia, Canada)
Does a successful applicant in a family law matter need to pay costs in any event of the cause? (British Columbia, Canada)
Are there any expenditures associated with the remediation of the existing sewage disposal system or with the design, permitting and construction of a new sewage system? (British Columbia, Canada)
