| Case name: |
Thompson v. Alberta (Minister of Environment) |
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| Jurisdiction: |
Canada - Alberta |
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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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Authority |
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| Before: |
Decision maker |
Designation |
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McFadyen, Elizabeth Ann |
J.A. |
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Ritter, Keith G. |
J.A. |
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Watson, Jack |
J.A. |
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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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Authority |
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McNaughton, Sheila Catherine |
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Authority |
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| Decision: |
Appeal by the Claimant from an award of compensation made pursuant to the Expropriation Act, R.S.A. 2000, c. E-13. The subject property was an 18.3 ha. parcel of vacant undeveloped land located at the SE edge of the City of Calgary. The Authority acquired the subject property as a full taking for purposes of a transportation and utility corridor. Prior to expropriation, the land had been designated as a Restricted Development Area (RDA). The lower court awarded $1,120,000 for market value of the land taken. At issue on the appeal was the extent to which the RDA designation should be ignored pursuant to s. 45 of the Act. The Claimant took the position that the entire transportation and utility corridor project should be ignored. The Authority took the position that the court should take the RDA into account to the extent that adjacent lands had been designated before the subject property. The lower court award was upheld and the appeal was dismissed. Each party was ordered to bear their own costs. |
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| Neutral citation: |
2007 ABCA 411 |
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| ExLaw citation: |
[2007] EXLAW 12 |
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| Parallel citations: |
(2007) 164 A.C.W.S. (3d) 643 |
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[2007] A.J. No. 1400 |
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(2007) 422 A.R. 102 |
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(2007) 94 L.C.R. 22 |
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(2007) 415 W.A.C. 102 |
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