| Case name: |
Eagle Island Holdings (Two) Inc. v. British Columbia Hydro and Power Authority |
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| Jurisdiction: |
Canada - British Columbia |
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| Parties: |
Name |
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Appearing as |
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Eagle Island Holdings (Two) Inc. |
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Appellant |
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British Columbia Hydro and Power Authority |
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Respondent |
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Davey Tree Expert Co. of Canada Limited |
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Respondent |
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Telus Communications Inc. |
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Respondent |
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| Before: |
Decision maker |
Designation |
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Ryan, Catherine Anne |
J.A. |
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Saunders, Mary E. |
J.A. |
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Smith, Kenneth J. |
J.A. |
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| Lawyers: |
Name |
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Appearing for |
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Ahmad, Jasmin Z. |
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Appellant |
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McDonell, Robert J. |
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Respondent |
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Thompson, Chelsea S. |
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Respondent |
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| Decision: |
Appeal by a property owner from a lower court order staying the Appellant's trespass action. The trespass action arose from an entry on to the Appellant's property by a tree contractor engaged by B.C. Hydro. The lower court found that the Expropriation Compensation Board had exclusive jurisdiction to award compensation. However, on this appeal, it was held that the Appellant was entitled to proceed to a trial on the trespass issue. The appeal was allowed and the stay of proceedings set aside. Costs were awarded to the Appellant for the appeal as well as the lower court proceedings. |
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| Neutral citation: |
2006 BCCA 337 |
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| ExLaw citation: |
[2006] EXLAW 311 |
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| Parallel citations: |
(2006) 150 A.C.W.S. (3d) 1153 |
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(2006) 228 B.C.A.C. 266 |
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[2006] B.C.J. No. 1542 |
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(2006) 55 B.C.L.R. (4th) 115 |
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2006 CarswellBC 1677 |
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(2006) 269 D.L.R. (4th) 605 |
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(2006) 90 L.C.R. 241 |
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(2006) 376 W.A.C. 266 |
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