Howard Vance Gimbel, et al. v. Her Majesty the Queen in Right of Alberta, as Represented by the Minister of Public Works, Supply & Services (Now Infrastructure)

(Alberta) (Civil) (By Leave)


Expropriation - Interest.


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Expropriation ? Interest ? Land Compensation Board awarding interest on compensation payments in expropriation action ? Applicants appealing to Court of Appeal ? Majority of Court of Appeal dismissing appeal ? Whether Alberta Court of Appeal erred in law by adopting an objective test for calculating “just” rate of interest payable by statute to expropriated parties ? Whether Alberta Court of Appeal erred in fact by misrepresenting and omitting material evidence in upholding Board’s determination of “just” rate of interest payable to Applicants ? Expropriation Act, R.S.A. 2000, c. E-13.

The respondent expropriated a portion of the applicants’ lands pursuant to the Expropriation Act, R.S.A. 2000, c. E-13. The expropriated lands consisted of a parcel of land owned by Dr. Gimbel and Mrs. Gimbel as joint tenants, as well as two parcels contiguous to the Gimbels’ land owned by Carl Management Ltd. Dr. Gimbel is the sole shareholder of Carl Management.

The proceedings to determine the compensation payable to the applicants for the expropriated lands began in September 1995. This appeal is just one of the many proceedings in this expropriation. The Land Compensation Board for the Province of Alberta awarded interest on compensation payments paid to the Applicants. The Applicants appealed the decision to the Court of Appeal. This was the second time post-judgment interest in this action had come before the Alberta Court of Appeal. The majority of the Court of Appeal dismissed the appeal.