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[Back] DECISION DIGEST  
Record no. 630
Case name: Shell Canada Ltd. v. Alberta (Minister of Transportation and Utilities)
Date: 1991-09-19
Jurisdiction: Canada - Alberta
Court: Land Compensation Board
Release registry: [Subscribers only]
Court file: [Subscribers only]
Order no.: [Subscribers only]
Parties: Name   Appearing as
  Shell Canada Limited   Claimant
  Alberta (Minister of Transportation and Utilities)   Authority
Before: Decision maker Designation
Archibald, Blaine O. Member
  McManus, Bradley T. Member
  Scragg, Richard K. Member
Lawyers: Name   Appearing for
  O'Ferrall, Brian K.   Claimant
  Steele, R. Craig   Claimant
  Whittaker, Lionel H.   Authority
Experts: Name Occupation Appearing for
  Halpin, John W. (Jack) Valuator Claimant
  Gettel, Brian Stanley Appraiser Authority
Taking type: [Subscribers only]
Valuation date: [Subscribers only]
Case elements: [Subscribers only]
Decision: Compensation award by the Alberta Land Compensation Board pursuant to the Expropriation Act, R.S.A. 1980, c. E-16. Full taking of a commercial property containing two business operations. The Claimant operated an automotive service station and a bulk petroleum facility from the subject property. The Claimant relocated the bulk facility to another site in another community but the service station was not. The parties had previously agreed that the market value of the land taken was $377,000 so this was not included in the Board's award. The Board made an award for replacement and relocation costs in the amount of $272,415 which was in addition to the Authority's advance payment of $28,000 on account of this item. The Board also awarded goodwill in the amount of $100,000 for the loss of the service station business.
Comment: [Subscribers only]
Statute references: [Subscribers only]
Case references: [Subscribers only]
Related decisions:      
  Earlier
 
  Later
  [1992] EXLAW 1 Alta. L.C.B. 1992-06-29
Neutral citation: N/A
ExLaw citation: [1991] EXLAW 2
Parallel citations: (1991) 46 L.C.R. 133
Reasons: [Subscribers only]
Digests contain original content produced by ExLaw and copyright in this content is held by Dicta Legal Services Ltd. (dba Expropriation Law Centre). Reasons for decision are the text of original decisions released by the court or tribunal and edited for accuracy where required. No copyright is claimed for these materials.
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