| Case name: |
Mannix v. Alberta (Minister of Environment) |
|
|
|
| Jurisdiction: |
Canada - Alberta |
|
| Court: |
Court of Queen's Bench |
|
|
|
|
|
|
|
| Parties: |
Name |
|
Appearing as |
| |
Mannix, Frederick Charles |
|
Plaintiff |
| |
Alberta (Minister of Environment) |
|
Defendant |
|
| Decision makers: |
Name |
Designation |
|
Moore, William Kenneth |
A.C.J.Q.B. |
|
| Lawyers: |
Name |
|
Appearing for |
| |
Hill, Karen |
|
Plaintiff |
| |
Lloyd, H. Derek D. |
|
Plaintiff |
| |
Samuelson, D.G. |
|
Plaintiff |
| |
Tavender, E. David D. |
|
Plaintiff |
| |
Mason, D. Blair |
|
Defendant |
| |
Prentice, Peter Eric James |
|
Defendant |
|
| Experts: |
Name |
Occupation |
Appearing for |
| |
Edwards, Barry |
Biologist |
N/A |
| |
Gilchrist, Herbert |
Engineer |
Plaintiff |
| |
Hopper, Alan |
Planner |
Plaintiff |
| |
Klaasen, Romain Leon |
Appraiser |
Plaintiff |
| |
Owsley, J.R. |
Appraiser |
Plaintiff |
| |
Patton, Sue |
Planning Technologist |
Plaintiff |
| |
Piluso, Tony |
Planner |
Plaintiff |
| |
Trouth, Norman |
Engineer |
Plaintiff |
| |
Veldman, Willem M. |
Hydrologist |
Plaintiff |
| |
Webster, Linda |
Planning Technologist |
Plaintiff |
| |
Werenka, Walter |
Engineer |
Plaintiff |
| |
Dick, Colin |
Appraiser |
Defendant |
| |
Hay, Allister M. |
Planner |
Defendant |
| |
Shaske, Edward J. |
Appraiser |
Defendant |
|
|
|
|
|
|
|
| Decision: |
Compensation award for expropriation of approximately 300 ac. of land within the City of Calgary. Prior to expropriation, the Plaintiff owner's land totalled in excess of 1,000 ac. The land was expropriated for Fish Creek Provincial Park pursuant to the Expropriation Act, S.A. 1974, c. 27. The Plaintiff sought compensation of approximately $22,000,000. The Defendant had made an advance payment of $5,000,000. The award for market value of the land taken, injurious affection and unusual circumstances totalled $7,141,608. A claim under the home for a home provision found in s. 45(1) of the Act was dismissed. A claim for disturbance damages was also dismissed. After deduction of the advance payment the net award was $2,141,608. Interest was also awarded and the parties were granted leave to make submissions as to costs. |
|
|
|
|
|
|
|
| ExLaw citation: |
[1983] EXLAW 3 |
|
|
|
| Parallel citations: |
(1983) 19 ACWS (2d) 81 |
| |
[1983] AJ No. 961 |
| |
(1983) 47 AR 81 |
| |
(1983) 27 LCR 13 |
|
|
|
|
|
