Case name: |
Lafarge Canada Inc. 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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Lafarge Canada Inc. |
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Respondent |
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Before: |
Decision maker |
Designation |
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Bracco, John David |
J.A. |
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Harradence, A. Milton |
J.A. |
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O'Leary, Willis E. |
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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Prentice, Peter Eric James |
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Respondent |
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Decision: |
Appeal by an expropriating authority, the City of Calgary, from a decision of the Alberta Land Compensation Board holding that the Respondent's claim for compensation was not statute barred. In 1981 the Appellant and Respondent had entered into a statutory agreement pursuant to s. 30 of the Expropriation Act, R.S.A. 1980, c. E-16, whereby land owned by the Respondent was transferred to the Appellant and compensation was paid. The Respondent filed an Application for Determination of Compensation with the Board in 1991. On the appeal the court held that the Board did not err when it found that the one-year limitation found in s. 36(2) of the Act did not apply to statutory agreements. The appeal was dismissed. |
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Neutral citation: |
1995 ABCA 313 |
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ExLaw citation: |
[1995] EXLAW 32 |
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Parallel citations: |
(1995) 56 A.C.W.S. (3d) 1234 |
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[1995] A.J. No. 724 |
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(1995) 169 A.R. 363 |
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(1995) 32 Alta. L.R. (3d) 255 |
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(1995) 57 L.C.R. 9 |
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(1995) 97 W.A.C. 363 |
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[1995] 10 W.W.R. 599 |
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