| Case name: |
Tessier v. Edmonton (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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Tessier, Guy H. |
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Claimant |
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Tessier, Vanna M. |
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Claimant |
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Edmonton (City) |
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Respondent |
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| Before: |
Decision maker |
Designation |
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Mah, John C. |
Member |
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| Lawyers: |
Name |
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Appearing for |
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Renouf, Simon Mollett |
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Claimant |
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Jacobsen, Nancy A. |
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Respondent |
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Piecowye, Debi L. |
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Respondent |
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Teeling, Michael D. |
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Respondent |
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Jardine, David N. |
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Other |
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| Decision: |
Application by the Respondent expropriating authority to the Alberta Land Compensation Board for an order declaring that the Board does not have jurisdiction to determine whether a binding settlement agreement exists between the parties. Previously a compensation hearing had commenced in the course of which the Board was informed by Claimant's counsel that a settlement had been reached. The hearing was adjourned. Shortly thereafter the Claimant retained new counsel who applied for a continuation of the hearing and alleged that the existence of a settlement agreement was disputed. The Board found that it has jurisdiction to determine whether preliminary requirements establishing its jurisdiction are satisfied and this necessarily includes consideration of possible settlement agreements. The application was dismissed and the Board ordered that a hearing should be conducted to determine whether a binding settlement agreement was in existence. |
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| ExLaw citation: |
[2012] EXLAW 2 |
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| Parallel citations: |
2012 Can LII 60874 |
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2012 CarswellAlta 273 |
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(2012) 106 L.C.R. 153 |
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2012 LNALCB 1 |
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