| Case name: |
Tomshak v. Alberta (Minister of Transportation) |
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| Jurisdiction: |
Canada - Alberta |
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| Court: |
Land Compensation Board |
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| Parties: |
Name |
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Appearing as |
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Gordon, Matilda |
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Claimant |
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Moller, Franklin |
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Claimant |
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Moller, Joan |
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Claimant |
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Oatway, Robert Murray |
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Claimant |
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Robideau, Ira |
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Claimant |
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Robideau, Jennifer |
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Claimant |
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Tomshak, Albert John |
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Claimant |
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Tomshak, Joyce |
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Claimant |
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Alberta (Minister of Transportation) |
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Authority |
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| Before: |
Decision maker |
Designation |
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MacKenzie, A. Douglas |
Member |
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McAvoy, Marilyn |
Member |
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Weber, Fred |
Member |
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| Lawyers: |
Name |
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Appearing for |
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Carter, J. Darryl |
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Claimant |
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Franklin, Stanley A. |
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Authority |
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Workman, Paul |
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Authority |
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| Experts: |
Name |
Occupation |
Appearing for |
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Berrien, Robert Arthur |
Appraiser |
Claimant |
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Weleschuk, Ivan |
Appraiser |
Claimant |
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Hoover, Donald Lester |
Appraiser |
Authority |
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Simpson, Bruce R. |
Appraiser |
Authority |
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| Decision: |
Application by the Claimants to the Alberta Land Compensation Board for determination of compensation pursuant to the Expropriation Act, R.S.A. 2000, c. E-13. The Province of Alberta had expropriated several long narrow strips of land from ten larger parcels owned by eight Claimants. The takings were required to permit a highway widening near Grande Prairie, Alberta. The primary issue was whether the land taken should be valued on the basis of the en bloc value or whether the takings should be valued as small parcels. The Board concluded that the market value of the takings was the en bloc value. Compensation for market value of land taken was awarded in the total amount of $70,717 allocated amongst the various Claimants. In addition, fixed costs were awarded to the Claimants Tomshak in the amount of $5,950 and to the Claimant Oatway in the amount of $10,100. The matter of costs and interest was reserved. |
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| ExLaw citation: |
[2003] EXLAW 5 |
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| Parallel citations: |
2003 Can LII 71221 |
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(2003) 80 L.C.R. 203 |
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