| Case name: |
Janzen v. Alberta (Minister of Infrastructure) |
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| Jurisdiction: |
Canada - Alberta |
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| Parties: |
Name |
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Appearing as |
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Janzen, Julianna |
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Claimant |
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Alberta (Minister of Infrastructure) |
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Authority |
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| Before: |
Decision maker |
Designation |
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Conrad, Carole M. |
J.A. |
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Cote, Jean E.L. |
J.A. |
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McFadyen, Elizabeth Ann |
J.A. |
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| Lawyers: |
Name |
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Appearing for |
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Carter, J. Darryl |
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Claimant |
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Franklin, Stanley A. |
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Authority |
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| Decision: |
Appeal by the Claimant from an order of the Alberta Land Compensation Board awarding compensation for the partial taking of a residential property. One issue on appeal was whether the "home-for-a-home" provisions under s. 47 of the Expropriation Act, R.S.A. 1980, c. E-16 should apply. The court concluded that it did not because the home itself was not taken. Another issue was whether the taking had created a non-conformity in relation to setbacks and, if so, whether compensation should be awarded for the loss of conformity. The court found that if the taking did create a non-conformity (which was not clear on the evidence) it did not require compensation. The court also concluded that the Claimant had been overcompensated by the Board, but since the Authority did not appeal, the Board's award was not disturbed. The appeal was dismissed. |
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| Related decisions: |
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Earlier |
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[2001] EXLAW 1 |
Alta. L.C.B. |
2001-05-11 |
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Later |
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| Neutral citation: |
2002 ABCA 278 |
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| ExLaw citation: |
[2002] EXLAW 2 |
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| Parallel citations: |
(2002) 118 A.C.W.S. (3d) 400 |
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[2002] A.J. No. 1446 |
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(2002) 317 A.R. 228 |
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(2002) 284 W.A.C. 228 |
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