Case name: |
Costello v. Calgary (City) |
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Jurisdiction: |
Canada - Alberta |
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Parties: |
Name |
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Appearing as |
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Calgary (City) |
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Appellant |
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Costello, Elizabeth Jean |
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Respondent |
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Dickhoff, Mary Ann |
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Respondent |
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Before: |
Decision maker |
Designation |
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Hunt, Constance D. |
J.A. |
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O'Leary, Willis E. |
J.A. |
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Picard, Ellen I. |
J.A. |
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Lawyers: |
Name |
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Appearing for |
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Abougoush, Adel A. |
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Appellant |
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Gescher, John Hans Juergen |
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Appellant |
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Stevens, Lawrence Bradley |
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Appellant |
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Tavender, E. David D. |
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Appellant |
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Lenz, Kenneth Todd |
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Respondent |
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Thompson, Robert William |
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Respondent |
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Decision: |
Appeal by the City of Calgary from a lower court award of damages for trespass. The action arose from an unsuccessful attempt to expropriate the Respondents' property in 1972. The Appellant took possession of the property in 1974 but it was later determined by the Supreme Court of Canada that the expropriation was not valid. The City was found to be liable for trespass as a result. On this appeal the damage award was left undisturbed but the method for calculation of interest was revised to provide for simple interest under the Judgment Interest Act for part of the applicable trespass period. |
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Neutral citation: |
1997 ABCA 281 |
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ExLaw citation: |
[1997] EXLAW 27 |
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Parallel citations: |
(1997) 73 A.C.W.S. (3d) 1068 |
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[1997] A.J. No. 888 |
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(1997) 209 A.R. 1 |
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(1997) 53 Alta. L.R. (3d) 15 |
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(1997) 152 D.L.R. (4th) 453 |
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(1997) 62 L.C.R. 161 |
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(1997) 41 M.P.L.R. (2d) 155 |
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(1997) 13 R.P.R. (3d) 145 |
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(1997) 160 W.A.C. 1 |
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[1998] 1 W.W.R. 222 |
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