| Case name: |
Johnson v. Alberta (Minister of Public Works, Supply and Services) |
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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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Bennett, Dennis W. |
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Plaintiff |
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Johnson, Paul W. |
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Plaintiff |
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Johnson, Sheila Ann |
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Plaintiff |
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Johnson, William Walter |
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Plaintiff |
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Rider, Corinne |
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Plaintiff |
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Rider, Thomas |
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Plaintiff |
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Riebel, Alexander F.J. |
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Plaintiff |
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Riebel, Gabriel Richard |
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Plaintiff |
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Riebel, John Peter |
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Plaintiff |
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Sawyer, Sylvia |
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Plaintiff |
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Alberta |
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Defendant |
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Alberta (Minister of Environmental Protection) |
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Defendant |
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Alberta (Minister of Public Works, Supply and Services) |
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Defendant |
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| Before: |
Decision maker |
Designation |
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Phillips, Carolyn S. |
J. |
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| Lawyers: |
Name |
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Appearing for |
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Berner, Lorenz |
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Plaintiff |
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Peacock, J. Patrick |
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Plaintiff |
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Hurlburt, William H. |
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Defendant |
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McNaughton, Sheila Catherine |
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Defendant |
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| Experts: |
Name |
Occupation |
Appearing for |
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de Rijcke, Izaak |
Surveyor |
Plaintiff |
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Nichol, Stephen H. |
Surveyor |
Plaintiff |
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McWilliam, David |
Surveyor |
Defendant |
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Michaud, Philip Michael |
Surveyor |
Defendant |
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| Decision: |
Application for an order determining the nature and extent of title to several parcels of land expropriated by the Province of Alberta for purposes of a water reservoir. The application was necessary to permit the Land Compensation Board to determine compensation in a proceeding conducted pursuant to the Expropriation Act, R.S.A. 1980, c. E-16, as the Board did not have jurisdiction to perform this task. At issue was the location of the boundaries of the Plaintiffs' properties at the moment of taking. Over a lengthy period of time prior to expropriation the waters of the lake had receded resulting in accretion. The court held that any accretions were limited by the theoretical boundaries of each parcel as established by the land survey system in effect in the province. |
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| Neutral citation: |
2001 ABQB 642 |
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| ExLaw citation: |
[2001] EXLAW 15 |
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| Parallel citations: |
(2001) 107 A.C.W.S. (3d) 1115 |
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[2001] A.J. No. 1023 |
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(2001) 292 A.R. 263 |
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(2001) 95 Alta. L.R. (3d) 311 |
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(2001) 203 D.L.R. (4th) 476 |
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(2001) 74 L.C.R. 253 |
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(2001) 43 R.P.R. (3d) 249 |
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[2001] 10 W.W.R. 484 |
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