| Case name: |
Tarry v. West Kootenay Power and Light Co. |
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| Jurisdiction: |
Canada - British Columbia |
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| Parties: |
Name |
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Appearing as |
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Tarry |
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Plaintiff |
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West Kootenay Power and Light Company, Limited |
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Defendant |
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| Before: |
Decision maker |
Designation |
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Morrison, Aulay |
J. |
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| Lawyers: |
Name |
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Appearing for |
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Taylor, Sidney S. |
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Plaintiff |
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MacNeill, Albert Howard |
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Defendant |
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| Decision: |
Application by a property owner for an order rectifying a deed granting a right of way to the Defendant for a pole line across the Plaintiff's land. The words in the deed gave the Defendant the sole and exclusive and absolute possession of the said right of way which was 300 feet in width. The Plaintiff alleged that the words of the grant denied him any right to cultivate the right of way area which was not his intention when granting the right of way for the pole line to the Defendant. It was held that there was no mistake requiring rectification and the Plaintiff still had a right of cultivation subject to the grant of rights. The Plaintiff's remedy, if any, was to make a claim for compensation pursuant to the Defendant's special Act. A claim alleging trespass was dismissed. |
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| Related decisions: |
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Earlier |
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Later |
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| ExLaw citation: |
[1905] EXLAW 2 |
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| Parallel citations: |
[1905] B.C.J. No. 16 |
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(1905) 11 B.C.R. 229 |
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(1905) 1 W.L.R. 186 |
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