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[Back] DECISION DIGEST  
Record no. 1067
Case name: Brese v. Edmonton (City)
Date: 2006-01-24
Jurisdiction: Canada - Alberta
Court: Court of Appeal
Release registry: [Subscribers only]
Court file: [Subscribers only]
Order no.: [Subscribers only]
Parties: Name   Appearing as
  Brese, Rita M.   Claimant
  Brese, William G.   Claimant
  Edmonton (City)   Authority
Before: Decision maker Designation
Berger, Ronald L. J.A.
  Costigan, Peter T. J.A.
  Hunt, Constance D. J.A.
Lawyers: Name   Appearing for
  Prowse, John C.   Claimant
  Debrinski, Douglas Steven   Authority
Experts:  
Taking type: [Subscribers only]
Valuation date: [Subscribers only]
Case elements: [Subscribers only]
Decision: Appeal by the Authority from a final cost award by the Alberta Land Compensation Board pursuant to the Expropriation Act, R.S.A. 2000, c. E-13. Expropriation of part of the Claimants' land located in the City of Edmonton. The land was required for a road project. The Authority alleged that the Board's cost award was contrary to the principle of proportionality. The Claimant had advanced a compensation claim for lost opportunity which the Board denied. Nevertheless, the Board had awarded costs to the Claimant for presentation of this claim. The appeal was dismissed.
Comment: [Subscribers only]
Statute references: [Subscribers only]
Case references: [Subscribers only]
Related decisions:      
  Earlier
  [1997] EXLAW 33 Alta. Inquiry 1997-02-14
  [2004] EXLAW 1 Alta. L.C.B. 2004-01-28
  [2005] EXLAW 6 Alta. L.C.B. 2005-01-27
  [2005] EXLAW 37 Alta. L.C.B. 2005-02-22
  Later
 
Neutral citation: 2006 ABCA 27
ExLaw citation: [2006] EXLAW 1
Parallel citations: (2006) 147 A.C.W.S. (3d) 816
  [2006] A.J. No. 55
  (2006) 93 L.C.R. 200
Reasons: [Subscribers only]
Digests contain original content produced by ExLaw and copyright in this content is held by Dicta Legal Services Ltd. (dba Expropriation Law Centre). Reasons for decision are the text of original decisions released by the court or tribunal and edited for accuracy where required. No copyright is claimed for these materials.
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