| Case name: |
Costello v. Calgary (City) |
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| Jurisdiction: |
Canada - Alberta |
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| Court: |
Court of Queen's Bench |
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| Parties: |
Name |
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Appearing as |
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Costello, Elizabeth Jean |
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Plaintiff |
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Dickhoff, Mary Ann |
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Plaintiff |
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Calgary (City) |
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Defendant |
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| Before: |
Decision maker |
Designation |
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Virtue, Charles G. |
J. |
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| Lawyers: |
Name |
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Appearing for |
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Mason, Frank A. |
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Plaintiff |
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Abougoush, Adel A. |
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Defendant |
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| Decision: |
The Plaintiffs were seeking damages for trespass in the main action. The claim arose from an entry on to the Plaintiffs' property by the Defendant City of Calgary pursuant to an expropriation that was later determined to be invalid. On this application to determine a preliminary issue the Defendant alleged that the action had been commenced after the time limit for doing so had expired and sought a declaration to that effect. It was held that the trespass action had not been commenced within the applicable time limit. Costs were awarded to the Defendant. |
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| ExLaw citation: |
[1987] EXLAW 5 |
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| Parallel citations: |
(1987) 7 A.C.W.S. (3d) 257 |
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[1987] A.J. No. 908 |
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(1987) 81 A.R. 282 |
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(1987) 55 Alta. L.R. (2d) 97 |
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(1987) 38 L.C.R. 145 |
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[1988] 1 W.W.R. 379 |
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