Case name: |
Gimbel v. Alberta (Minister of Public Works, Supply and Services) |
|
|
Jurisdiction: |
Canada - Alberta |
|
Court: |
Land Compensation Board |
|
|
|
|
Parties: |
Name |
|
Appearing as |
|
Carl Management Ltd. |
|
Claimant |
|
Gimbel, Howard Vance |
|
Claimant |
|
Gimbel, Judith Anne |
|
Claimant |
|
Alberta (Minister of Public Works, Supply and Services) |
|
Authority |
|
Before: |
Decision maker |
Designation |
|
Schumacher, Stanley S. |
Member |
|
Watson, Hervy R. |
Member |
|
Wildeman, Lorne William |
Member |
|
Lawyers: |
Name |
|
Appearing for |
|
Simpson, Robert J. |
|
Claimant |
|
Mavko, Timothy C. |
|
Authority |
|
McNaughton, Sheila Catherine |
|
Authority |
|
Experts: |
Name |
Occupation |
Appearing for |
|
Gowing, Terrance W. |
Planner |
Claimant |
|
Johnson, Neil |
Engineer |
Claimant |
|
Reti, George J. |
Appraiser |
Claimant |
|
Brown, Gregory N. |
Planner |
Authority |
|
Vreeland, Tim |
Appraiser |
Authority |
|
|
|
|
Decision: |
Application by the Claimants to the Alberta Land Compensation Board for determination of compensation pursuant to the Expropriation Act, R.S.A. 2000, c. E-13. This decision resulted from a re-hearing directed by the Court of Appeal in 1999. Partial taking of land located immediately west of the City of Calgary. The land was taken for the purpose of establishing a transportation and utility corridor. The land was designated as a Restricted Development Area in 1976. However, the RDA designation was ignored for purposes of determining compensation. Compensation was awarded in the amount of $2,736,100.00. Costs and interest were also awarded. |
|
|
|
|
|
|
ExLaw citation: |
[2006] EXLAW 7 |
|
Parallel citations: |
2006 Can LII 80716 |
|
(2006) 89 L.C.R. 276 |
|
|