| Case name: |
Minute Muffler Installations Ltd. v. Alberta (Minister of Housing and Public Works) |
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| Jurisdiction: |
Canada - Alberta |
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| Parties: |
Name |
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Appearing as |
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Minute Muffler Installations Ltd. |
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Appellant |
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Muffler House of Canada Ltd. |
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Appellant |
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Alberta (Minister of Housing and Public Works) |
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Respondent |
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| Before: |
Decision maker |
Designation |
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Harradence, A. Milton |
J.A. |
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Kerans, Roger Philip |
J.A. |
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Lieberman, Samuel Sereth |
J.A. |
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| Lawyers: |
Name |
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Appearing for |
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Evans, D. |
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Appellant |
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Kubara, S. |
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Appellant |
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Hnatiuk, Arthur P. |
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Respondent |
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| Decision: |
Appeal by the property owners from the dismissal of a claim for compensation by the Alberta Land Compensation Board. The Appellants were tenants pursuant to a long-term unregistered lease of a commercial property in the City of Lethbridge. The Respondent expropriating authority carried out expropriation proceedings in relation to the subject property pursuant to the Expropriation Act, R.S.A. 1980, c. E-16. The fee simple owner's claim was dealt with in a separate proceeding (Robertson v. Alberta). The Board held that the procedure followed by the Respondent did not result in an expropriation of the leasehold interest and the claim was dismissed due to lack of jurisdiction. However, on the appeal it was held that a termination clause found in the lease was effective to terminate the lease upon expropriation of the landlord's fee simple interest in the premises. Thus the Appellant's loss occurred as a result of the terms of the lease and not as a result of the expropriation. The appeal was dismissed without costs to either party. |
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| Neutral citation: |
1984 ABCA 35 |
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| ExLaw citation: |
[1984] EXLAW 6 |
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| Parallel citations: |
(1984) 25 A.C.W.S. (2d) 412 |
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[1984] A.J. No. 377 |
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1984 CarswellAlta 469 |
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(1984) 30 L.C.R. 125 |
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