| Case name: |
The Brick GP 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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Brick GP Ltd., The |
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Claimant |
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Brick Warehouse LP, The |
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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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Fraser, Karen R. |
Member |
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Maydonik, N. Allen |
Member |
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Sibbald, Donald A. |
Member |
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| Lawyers: |
Name |
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Appearing for |
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Nemetz, Bradley George |
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Claimant |
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Olsen, Lise O. |
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Authority |
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| Decision: |
Application by an expropriating authority to the Alberta Land Compensation Board for an order determining that the Claimants were conclusively deemed to have received full compensation pursuant to s. 36(2) of the Expropriation Act, R.S.A. 2000, c. E-13. Cross applications by the Claimants for an order extending time to provide notice to the Authority of the commencement of the compensation action. The Authority alleged that the Notice of Proposed Payment for purposes of s. 31(2) of the Act was served upon the Claimants' solicitor on or before April 18, 2006. The Claimant's Application for Determination of Compensation was served on the Authority on April 20, 2007. It was held that delivery of the Notice of Proposed Payment to the Claimants' solicitor did not start the limitation period. The limitation period did not commence until at least two days later on April 20, 2006. The action was commenced within the one-year time limit. The Authority's application was dismissed and the Claimants' cross-motions were not considered. Leave was granted for the parties to make further submissions in respect of costs of the application. |
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| ExLaw citation: |
[2008] EXLAW 3 |
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| Parallel citations: |
2008 Can LII 88533 |
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(2008) 94 L.C.R. 314 |
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