| Case name: |
Audem Construction Ltd. v. Calgary (City) |
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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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Audem Construction Ltd. |
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Claimant |
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Calgary (City) |
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Authority |
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| Before: |
Decision maker |
Designation |
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Boyd, Kenneth J. |
Chairman |
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Molaro, Julius C. |
Member |
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Trussler, M.J. |
Member |
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| Lawyers: |
Name |
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Appearing for |
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Olien, Terence Ronald |
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Claimant |
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Abougoush, Adel A. |
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Authority |
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| Experts: |
Name |
Occupation |
Appearing for |
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Galvin, E.T. |
Auctioneer |
Claimant |
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Halpin, John W. (Jack) |
Valuator |
Claimant |
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Mark, Victor F. |
Valuator |
Authority |
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| Decision: |
Application by the Claimant to the Alberta Land Compensation Board for determination of compensation pursuant to the Expropriation Act, S.A. 1974, c. 27. Full taking of a parcel of land required for widening of the Crowchild Trail in the City of Calgary. At the date of taking, the Claimant was an occupant of the subject property pursuant to a less than arm's length lease agreement with the registered owner. The Board dealt with the fee simple owner's claim in a separate decision. In the present application, the Board held that it was feasible to relocate the Claimant's business but the Claimant had not done so and thus was not entitled to compensation. The application was dismissed with costs to the Claimant. |
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| ExLaw citation: |
[1979] EXLAW 9 |
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| Parallel citations: |
(1979) 17 A.R. 592 |
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1979 Can LII 3716 |
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(1979) 17 L.C.R. 241 |
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