| Case name: |
64933 Manitoba Ltd. v. Manitoba |
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| Jurisdiction: |
Canada - Manitoba |
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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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64933 Manitoba Ltd. |
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Plaintiff |
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Manitoba |
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Defendant |
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| Before: |
Decision maker |
Designation |
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Morse, Peter Scott |
J. |
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| Lawyers: |
Name |
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Appearing for |
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Harrison, M. Lynne |
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Plaintiff |
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Nugent, Ross Albert Lawrence |
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Plaintiff |
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McFetridge, W. Glenn |
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Defendant |
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| Experts: |
Name |
Occupation |
Appearing for |
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Cooke, Edgar P. |
Appraiser |
Plaintiff |
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Browaty, Dennis T. |
Appraiser |
Defendant |
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| Decision: |
Action by a land owner for a declaration that the Defendant Province of Manitoba had constructively expropriated its property and for an award of compensation. The Plaintiff owned a parcel of vacant land located within the boundaries of a Provincial park. Development of the subject property was subject to approval by the Minister of Natural Resources pursuant to the Provincial Park Lands Act, R.S.M. 1987, c. P20. The Plaintiff submitted a development application to the Defendant for the subject property which was later denied. It was held that the Defendant's actions did not amount to an expropriation for purposes of the Expropriation Act, R.S.M. 1987, c. E190. Further there was no constructive expropriation. The action was dismissed with costs. |
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| Neutral citation: |
2000 MBQB 164 |
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| ExLaw citation: |
[2000] EXLAW 15 |
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| Parallel citations: |
(2000) 100 A.C.W.S. (3d) 912 |
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2000 CarswellMan 530 |
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(2000) 193 D.L.R. (4th) 561 |
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(2000) 71 L.C.R. 171 |
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[2000] M.J. No. 470 |
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(2000) 151 Man. R. (2d) 89 |
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[2001] 5 W.W.R. 747 |
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