| Case name: |
Mannix v. Alberta (Minister of Environment) |
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| Jurisdiction: |
Canada - Alberta |
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| Parties: |
Name |
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Appearing as |
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Mannix, Frederick Charles |
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Appellant |
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Alberta (Minister of Environment) |
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Respondent |
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| Decision makers: |
Name |
Designation |
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Haddad, William Joseph |
J.A. |
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Lieberman, Samuel Sereth |
J.A. |
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Stevenson, William Alexander |
J.A. |
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| Lawyers: |
Name |
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Appearing for |
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Samuelson, D.G. |
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Appellant |
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Tavender, E. David D. |
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Appellant |
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Mason, D. Blair |
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Respondent |
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Prentice, Peter Eric James |
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Respondent |
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| Decision: |
Appeal by an owner from a compensation award for the partial taking of a parcel of land approximately 300 ac. in area for Fish Creek Provincial Park. The expropriation had been conducted pursuant to the Expropriation Act, S.A. 1974, c. 27. At the conclusion of the appeal hearing, the Appellant's appeal of the award of $6,183,300 for market value of the land taken was dismissed and the court's decision on the remaining issues was reserved.
In the present appeal decision, the award of interest was increased. An allowance of $618,300 for disturbance damages for unusual circumstances was held to have been wrongly awarded but was nevertheless allowed to stand due to the failure of the trial court to award compensation for loss of the Appellant's residence. Costs were awarded to the Appellant on a party and party basis. |
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| ExLaw citation: |
[1984] EXLAW 1 |
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| Neutral citation: |
1984 ABCA 348 |
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| Parallel citations: |
(1984) 29 ACWS (2d) 14 |
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[1984] AJ No. 722 |
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(1984) 35 ALTA LR (2d) 289 |
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(1984) 56 AR 221 |
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(1984) 31 LCR 305 |
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