| 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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| Experts: |
Name |
Occupation |
Appearing for |
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Hopper, Alan |
Planner |
Appellant |
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Hay, Allister M. |
Planner |
Respondent |
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Shaske, Edward J. |
Appraiser |
Respondent |
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| Decision: |
Appeal by an owner from a compensation award for the partial expropriation of approximately 300 ac. of land. The Appellant's land prior to expropriation was in excess of 1,000 ac. The expropriation was carried out by the Province of Alberta pursuant to the Expropriation Act, S.A. 1974, c. 27, for the expansion of Fish Creek Provincial Park located within the City of Calgary. At trial, the Appellant had been awarded total compensation of $7,141,068. Of this amount, $6,183,000 had been allowed for market value of the land taken, $340,308 for injurious affection and $618,300 for unusual circumstances. On appeal, the Appellant raised a number of issues. A challenge to the award for market value of the taking was dismissed on conclusion of the hearing and the present reasons for decision were released shortly thereafter. The court's decision on the remaining issues was reserved. |
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| ExLaw citation: |
[1984] EXLAW 2 |
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| Neutral citation: |
1984 ABCA 288 |
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| Parallel citations: |
(1984) 28 A.C.W.S. (2d) 174 |
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[1984] A.J. No. 365 |
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(1984) 31 L.C.R. 299 |
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