| Case name: |
Thompson v. Alberta (Minister of Environment) |
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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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Thompson, Gordon V. |
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Claimant |
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Alberta (Minister of Environment) |
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Respondent |
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| Before: |
Decision maker |
Designation |
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Park, Alexander G. |
J. |
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| Lawyers: |
Name |
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Appearing for |
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Ham, Kenneth Hugh Patrick |
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Claimant |
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Mavko, Timothy C. |
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Respondent |
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McNaughton, Sheila Catherine |
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Respondent |
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| Experts: |
Name |
Occupation |
Appearing for |
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Berrien, Robert Arthur |
Appraiser |
Claimant |
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Hudema, Terry |
Surveyor |
Claimant |
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Donaldson, Gregory Robert |
Planner |
Respondent |
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Geoffrey, Gordon Alexander |
Engineer |
Respondent |
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Navrady, Alexander Maxwell (Sandy) |
Appraiser |
Respondent |
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| Decision: |
Application by the Claimant to the Alberta Court of Queen's Bench for determination of compensation pursuant to the Expropriation Act, R.S.A. 2000, c. E-13. The subject property was an 18.83 ha. parcel located on the south-east edge of the City of Calgary. It was acquired by the Authority as a full taking for purposes of a transportation and utility corridor. Prior to expropriation, the subject property had been designated as a Restricted Development Area (RDA). The Authority made an advance payment in the amount of $1,025,000. The Claimant sought compensation in the amount of $1,768,000. The primary issue in dispute between the parties was the effect to be given to s. 45 of the Act and whether the RDA designation should be taken into account. It was held that the RDA should be taken into account to the extent that it applied to adjacent lands before the subject property was designated. Compensation was awarded in the amount of $1,120,000 for market value of the land taken. |
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| Neutral citation: |
2006 ABQB 510 |
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| ExLaw citation: |
[2006] EXLAW 8 |
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| Parallel citations: |
(2006) 152 A.C.W.S. (3d) 854 |
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[2006] A.J. No. 933 |
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(2006) 90 L.C.R. 161 |
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