| Case name: |
Alberta (Minister of Transportation) v. Chudoba |
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| Jurisdiction: |
Canada - Alberta |
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| Parties: |
Name |
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Appearing as |
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Alberta (Minister of Transportation) |
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Appellant |
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Chudoba, Walter |
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Respondent |
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| Before: |
Decision maker |
Designation |
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Belzil, Roger Hector |
J.A. |
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Lieberman, Samuel Sereth |
J.A. |
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Stevenson, William Alexander |
J.A. |
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| Lawyers: |
Name |
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Appearing for |
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Meikle, G. Alan |
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Appellant |
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Mintz, B.E. |
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Respondent |
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| Decision: |
Appeal by an expropriating authority from a decision of the Alberta Land Compensation Board dismissing an application to schedule a compensation hearing pursuant to the Expropriation Act, R.S.A. 1980, c. E-16. It was held that the Appellant's right to have compensation determined by the Board could not be defeated by the Respondent's decision not to apply for determination of compensation. The appeal was allowed and the Board was ordered to fix a time and place for a hearing to determine compensation. Costs were awarded to the Respondent owner on a solicitor and client basis. |
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| Neutral citation: |
1984 ABCA 243 |
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| ExLaw citation: |
[1984] EXLAW 12 |
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| Parallel citations: |
[1984] A.J. No. 29 |
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(1984) 65 A.R. 251 |
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(1984) 31 L.C.R. 121 |
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