| Case name: |
Tomshak v. Alberta (Minister of Transportation) |
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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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Gordon, Matilda |
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Claimant |
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Moller, Franklin |
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Claimant |
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Moller, Joan |
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Claimant |
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Oatway, Robert Murray |
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Claimant |
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Robideau, Ira |
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Claimant |
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Robideau, Jennifer |
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Claimant |
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Tomshak, Albert John |
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Claimant |
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Tomshak, Joyce |
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Claimant |
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Alberta (Minister of Transportation) |
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Authority |
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| Decision makers: |
Name |
Designation |
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McAvoy, Marilyn |
Member |
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| Lawyers: |
Name |
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Appearing for |
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Carter, J. Darryl |
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Claimant |
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Franklin, Stanley A. |
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Authority |
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| Decision: |
Application by the Claimants to the Alberta Land Compensation Board to fix reasonable costs associated with preparation and attendance at a previous taxation hearing. The application was made pursuant to the Expropriation Act, R.S.A. 2000, c. E-13. The Claimants presented a claim for $2,250 comprised of legal fees of $2,000 and travel expenses of $250. The Authority argued that the Claimants had achieved limited success at the taxation hearing and should therefore be denied their costs of participation. This argument was rejected and the Board awarded the full amount of $2,250 as claimed. |
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| ExLaw citation: |
[2003] EXLAW 10 |
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| Parallel citations: |
2003 CanLII 71225 |
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2003 CarswellAlta 1942 |
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2003 LNALCB 7 |
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