| Case name: |
Sokil v. Edmonton (City) |
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| Jurisdiction: |
Canada - Alberta |
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| Court: |
Arbitration proceeding |
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| Parties: |
Name |
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Appearing as |
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Edmonton Transfer Ltd. |
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Claimant |
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Sokil, Russell |
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Claimant |
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Sokil, William |
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Claimant |
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Sokil Express Lines (Western) Ltd. |
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Claimant |
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Sokil Express Lines Ltd. |
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Claimant |
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Sokil Holdings Ltd. |
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Claimant |
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Edmonton (City) |
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Authority |
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| Before: |
Decision maker |
Designation |
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Smith, Phyllis A. |
Arbitrator |
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| Lawyers: |
Name |
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Appearing for |
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Prowse, John C. |
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Claimant |
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Thomas, Dennis R. |
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Authority |
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| Experts: |
Name |
Occupation |
Appearing for |
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Asch, Lloyd |
Traffic Consultant |
Claimant |
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Edgar, Peter |
Real Estate Developer |
Claimant |
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Gettel, Brian Stanley |
Appraiser |
Claimant |
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MacKenzie, Kenneth C. (Kim) |
Planner |
Claimant |
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Wall, James E. |
Appraiser |
Claimant |
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Burton, John |
Real Estate Developer |
Authority |
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McDougall, Terry |
Planner |
Authority |
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Scheffer, Marius |
Traffic Consultant |
Authority |
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Shaske, Edward J. |
Appraiser |
Authority |
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| Decision: |
Compensation award by an arbitrator for the partial taking in 1987 of a fee simple interest and a temporary easement from the Claimants' land pursuant to the Expropriation Act, R.S.A. 1980, c. E-16. The land was located in the City of Edmonton. The takings were required to permit the construction of a highway interchange.
The land was owned by two of the Claimants. The remaining Claimants were tenants who operated trucking businesses from the land. At issue was the highest and best use of the land and whether the taking had changed this use, the market value of the land taken, injurious affection and disturbance damages. The arbitrator made a total award to the fee simple owners of $264,531.12. A further award of $50,000.00 was made to the tenant Claimants for disturbance damages. |
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| ExLaw citation: |
[1996] EXLAW 4 |
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