| Case name: |
McKee v. Alberta |
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| Jurisdiction: |
Canada - Alberta |
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| Court: |
Supreme Court - Trial Division |
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| Parties: |
Name |
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Appearing as |
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McKee, Frances M. |
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Claimant |
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Alberta |
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Authority |
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| Before: |
Decision maker |
Designation |
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Milvain, James Valentine Hogarth |
J. |
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| Lawyers: |
Name |
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Appearing for |
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Agrios, Jack N. |
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Claimant |
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Stevenson, W.A. |
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Claimant |
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Rawson, B.S. |
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Authority |
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| Experts: |
Name |
Occupation |
Appearing for |
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Klinck, J.R. |
Appraiser |
Claimant |
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Jellis, Arthur E. |
Appraiser |
Authority |
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| Decision: |
Application to the court by the Claimant for determination of compensation. The subject property was taken by the Province on behalf of the University of Alberta to expand the university campus located in Edmonton. Prior to expropriation, the Province had issued an order freezing development of the subject property. The primary issue was whether the market value of the subject property should be determined on the basis of its existing use as a residence or on the basis that it was suitable for re-development with a new commercial/residential building. It was held that the freeze order should be ignored. Compensation was awarded in the amount of $58,000 plus costs. The Claimant was not entitled to interest as she had continued to occupy the subject property without rent. |
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| Related decisions: |
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Earlier |
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Later |
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| ExLaw citation: |
[1967] EXLAW 3 |
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| Parallel citations: |
(1967) 16 L.C.R. 35 |
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