Case information
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35603
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)
Docket
Judgments on applications for leave to appeal are rendered by the Court, but are not necessarily unanimous.
| Date | Proceeding | Filed By (if applicable) |
|---|---|---|
| 2014-05-05 | Close file on Leave | |
| 2014-05-01 | Certificate of taxation issued to, Mr. Michael Sobkin | |
| 2014-05-01 | Decision on the bill of costs, in the amount of $1,242.94, Reg | |
| 2014-03-24 | Submission of the bill of costs, Reg | |
| 2014-03-24 | Bill of costs, Completed on: 2014-03-24 | Her Majesty the Queen in Right of Alberta, as Represented by the Minister of Public Works, Supply & Services (Now Infrastructure) |
| 2014-02-14 | Copy of formal judgment sent to Registrar of the Court of Appeal and all parties | |
| 2014-02-14 | Judgment on leave sent to the parties | |
| 2014-02-13 |
Judgment of the Court on the application for leave to appeal, The application for leave to appeal from the judgment of the Court of Appeal of Alberta (Calgary), Number 1201-0145-AC, 2013 ABCA 290, dated September 10, 2013, is dismissed with costs. Dismissed, with costs |
|
| 2014-01-20 | All materials on application for leave submitted to the Judges, CJ Cro Wa | |
| 2013-12-16 | Applicant's reply to respondent's argument, Completed on: 2013-12-16 | Howard Vance Gimbel |
| 2013-12-06 | Respondent's response on the application for leave to appeal, Completed on: 2013-12-06 | Her Majesty the Queen in Right of Alberta, as Represented by the Minister of Public Works, Supply & Services (Now Infrastructure) |
| 2013-11-06 | Letter acknowledging receipt of a complete application for leave to appeal | |
| 2013-11-05 | Book of authorities | Howard Vance Gimbel |
| 2013-11-05 | Application for leave to appeal, Completed on: 2013-11-05 | Howard Vance Gimbel |
Parties
Please note that in the case of closed files, the “Status” column reflects the status of the parties at the time of the proceedings. For more information about the proceedings and about the dates when the file was open, please consult the docket of the case in question.
Main parties
| Name | Role | Status |
|---|---|---|
| Gimbel, Howard Vance | Applicant | Active |
| Judith Anne Gimbel and Carl Management Ltd. | Applicant | Active |
v.
| Name | Role | Status |
|---|---|---|
| Her Majesty the Queen in Right of Alberta, as Represented by the Minister of Public Works, Supply & Services (Now Infrastructure) | Respondent | Active |
Counsel
Party: Gimbel, Howard Vance
Counsel
Jordan C. Milne
810 - 333 5th Avenue S.W.
Calgary, Alberta
T2P 3B6
Telephone: (403) 776-0521
FAX: (403) 776-0501
Email: robert.simpson@rosellp.com
Agent
1420 - 99 Bank Street
Ottawa, Ontario
K1P 1H4
Telephone: (613) 783-9600
FAX: (613) 783-9690
Email: scott.mclean@dentons.com
Party: Judith Anne Gimbel and Carl Management Ltd.
Counsel
Jordan C. Milne
810 - 333 5th Avenue S.W.
Calgary, Alberta
T2P 3B6
Telephone: (403) 776-0521
FAX: (403) 776-0501
Email: robert.simpson@rosellp.com
Agent
1420 - 99 Bank Street
Ottawa, Ontario
K1P 1H4
Telephone: (613) 783-9600
FAX: (613) 783-9690
Email: scott.mclean@dentons.com
Party: Her Majesty the Queen in Right of Alberta, as Represented by the Minister of Public Works, Supply & Services (Now Infrastructure)
Counsel
3200-10180 101 St. N.W.
Edmonton, Alberta
T5J 3W8
Telephone: (780) 425-9510
FAX: (780) 429-3044
Email: tmavko@rmrf.com
Agent
Ottawa, Ontario
K2P 0J8
Telephone: (613) 282-1712
FAX: (613) 288-2896
Email: msobkin@sympatico.ca
Summary
Keywords
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Summary
Case summaries are prepared by the Office of the Registrar of the Supreme Court of Canada (Law Branch). Please note that summaries are not provided to the Judges of the Court. They are placed on the Court file and website for information purposes only.
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.
Lower court rulings
Land Compensation Board for the Province of Alberta
OT2009.0003
See file
Court of Appeal of Alberta (Calgary)
1201-0145-AC, 2013 ABCA 290
See file
Memorandums of argument on application for leave to appeal
The memorandums of argument on an application for leave to appeal will be posted here 30 days after leave to appeal has been granted unless they contain personal information, information that is subject to a publication ban, or any other information that is not part of the public record. You may also obtain copies of the memorandum by filing out the Request for Court records form or by contacting the Court’s Records Centre either by email at records-dossiers@scc-csc.ca or by telephone at 613‑996‑7933 or at 1‑888‑551‑1185.
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Related links
Factums on appeal
The factums of the appellant, the respondent and the intervener will be posted here at least 2 weeks before the hearing unless they contain personal information, information that is subject to a publication ban, or any other information that is not part of the public record. You may also obtain copies of factums by filling out the Request for Court records form or by contacting the Court’s Records Centre either by email at records-dossiers@scc-csc.ca or by telephone at 613‑996‑7933 or at 1‑888‑551‑1185.
If you have questions about a factum or want permission to use a factum, please contact the author of the factum directly. Their contact information appears on the first page of each factum.
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