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DECISION DIGEST |
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| Record no. 1348 |
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| Case name: |
Balisky v. Canada (Minister of National Resources) |
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| Jurisdiction: |
Canada - Federal |
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| Court: |
Federal Court - Trial Division |
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| Parties: |
Name |
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Appearing as |
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Balisky, Marcia |
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Applicant |
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Balisky, Terrance |
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Applicant |
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Bev Collins Holdings Ltd. |
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Applicant |
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Bue, Byron |
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Applicant |
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Bue, Raymond |
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Applicant |
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Eggers, Levke |
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Applicant |
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Eggers, Peter |
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Applicant |
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Ellingson, Bryan |
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Applicant |
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Evaskevich, Charles |
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Applicant |
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Evaskevich, Nora |
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Applicant |
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Fast, Brian Peter |
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Applicant |
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Fast, Theresa Georgina |
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Applicant |
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Gabert, Doug |
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Applicant |
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Gilkyson, Raymond |
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Applicant |
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Gilkyson, Vicki |
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Applicant |
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Glasman, Elaine |
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Applicant |
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Glasman, James |
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Applicant |
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Hanson, Laura |
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Applicant |
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Hanson, Stirling |
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Applicant |
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Haughian, Glenda |
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Applicant |
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Jones, Fern |
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Applicant |
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Jones, Roger |
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Applicant |
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Liland, Donald |
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Applicant |
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Liland, Linda |
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Applicant |
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Marouelli, Jamie |
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Applicant |
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Marouelli, Mario |
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Applicant |
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Meador, Donald |
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Applicant |
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Middleton, Mona |
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Applicant |
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Moe, Brian |
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Applicant |
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Moe, Janice |
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Applicant |
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Moe, Kristin |
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Applicant |
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Moe, Randy |
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Applicant |
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Moller, Franklin |
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Applicant |
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Olley, Katherine |
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Applicant |
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Olley, Lloyd E. |
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Applicant |
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Pederson, Don |
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Applicant |
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Piper, Kane Burl |
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Applicant |
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Richards, Ada |
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Applicant |
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Richards, Robert |
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Applicant |
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Schmidt, Cornie |
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Applicant |
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Schmidt, Priscilla |
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Applicant |
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Slater, Albert |
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Applicant |
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Slater, Kenneth |
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Applicant |
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Smith, Dale |
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Applicant |
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Smith, Gwen |
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Applicant |
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Strate, Gordon |
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Applicant |
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Thederahn, Frank |
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Applicant |
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Thederahn, Irma |
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Applicant |
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Welsh, Ed |
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Applicant |
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Alliance Pipeline Ltd. |
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Respondent |
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Canada (Minister of Natural Resources) |
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Respondent |
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| Before: |
Decision maker |
Designation |
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Tremblay-Lamer, Daniele |
J. |
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| Lawyers: |
Name |
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Appearing for |
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Carter, J. Darryl |
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Applicant |
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Mack, Rolinda D.Y. |
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Respondent |
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Olthafer, Lars H.O. |
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Respondent |
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| Decision: |
Application by several property owners for judicial review of a decision of the Minister appointing an Arbitration Committee pursuant to the National Energy Board Act, R.S.C. 1985, c. N-7. The National Energy Board had granted the Respondent Alliance the right to construct a pipeline through land owned by the Applicants. The Minister referred compensation disputes to arbitration. However the terms of reference for the arbitration exempted lands within a controlled area adjacent to the pipeline right of way area from the referral. The owners alleged that they were entitled to compensation for restrictions imposed within the controlled area. It was held that the lands in the controlled area had not been acquired by Alliance nor were they affected by the activities of Alliance. The application was dismissed. |
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| Neutral citation: |
2002 FCT 976 |
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| ExLaw citation: |
[2002] EXLAW 16 |
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| Parallel citations: |
(2002) 117 A.C.W.S. (3d) 168 |
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[2002] F.C.J. No. 1266 |
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(2002) 223 F.T.R. 138 |
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Digests contain original content produced by ExLaw and copyright in
this content is held by Dicta Legal Services Ltd. (dba Expropriation Law Centre).
Reasons for decision are the text of original decisions released by the court
or tribunal and edited for accuracy where required. No copyright is claimed
for these materials.
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