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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Rooke, John D. |
J. |
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Lawyers: |
Name |
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Appearing for |
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Nixon, Kim Denise |
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Plaintiff |
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Thompson, Robert William |
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Plaintiff |
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Abougoush, Adel A. |
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Defendant |
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Gescher, John Hans Juergen |
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Defendant |
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Stevens, Lawrence Bradley |
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Defendant |
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Experts: |
Name |
Occupation |
Appearing for |
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Lee |
Valuator |
Plaintiff |
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Mendel, Douglas L. |
Appraiser |
Plaintiff |
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Hay, Allister M. |
Planner |
Defendant |
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Moore, Terrence R. |
Appraiser |
Defendant |
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van den Brand |
Valuator |
Defendant |
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Decision: |
Action for damages for trespass. The Plaintiffs owned a parcel of land in the City of Calgary. The Defendant initiated expropriation proceedings in 1972 to acquire the Plaintiffs' land. However it was later determined by the Supreme Court of Canada that the expropriation was not valid. The Defendant had taken possession of the land in 1974. It was held that the Defendant was liable in trespass for wrongful possession and damages were awarded in the amount of $1,928,061. Costs were also awarded. |
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ExLaw citation: |
[1995] EXLAW 31 |
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Parallel citations: |
(1995) 52 A.C.W.S. (3d) 934 |
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[1995] A.J. No. 27 |
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(1995) 163 A.R. 241 |
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(1995) 55 L.C.R. 161 |
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(1995) 25 M.P.L.R. (2d) 24 |
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