| Case name: |
British Columbia (Attorney General) v. Perry Ridge Water Users Association |
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| Jurisdiction: |
Canada - British Columbia |
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| Parties: |
Name |
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Appearing as |
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British Columbia (Attorney General) |
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Plaintiff |
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British Columbia (Minister of Forests) |
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Plaintiff |
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Blackie, Sandy |
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Defendant |
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Doe, Jane |
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Defendant |
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Doe, John |
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Defendant |
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Greengrass, Austin |
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Defendant |
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Nixon, Frank |
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Defendant |
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Perry Ridge Water Users Association |
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Defendant |
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Retterath, Guenther |
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Defendant |
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Stevenson, Pam |
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Defendant |
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| Before: |
Decision maker |
Designation |
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McEwan, T. Mark |
J. |
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| Lawyers: |
Name |
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Appearing for |
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Hunter, John J.L. |
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Plaintiff |
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McGee, Kenyon |
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Defendant |
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Melville, J. Bruce |
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Defendant |
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| Decision: |
Two applications arising out of a trespass action. The first application raised an issue as to validity of a defective writ. The writ was found to be an irregularity but nevertheless curable by amendment.
The second application dealt with the effect of the purported expropriation of a road by the Crown in 1984 under the Forest Act, R.S.B.C. 1979, c. 140. At issue was whether the expropriation was valid and if so, whether the land on which a trespass was alleged to have occurred was the land which had been expropriated. The court found that the act of entering and taking possession by the Crown under the provisions of the Forest Act then in effect was sufficient to give the Crown the right to construct a road on the land entered upon although the Court declined to state the nature of the interest which had been acquired by the Crown. The court also held that the area of land taken was the same land on which the trespasses were alleged to have taken place. |
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| Neutral citation: |
2000 BCSC 940 |
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| ExLaw citation: |
[2000] EXLAW 316 |
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| Parallel citations: |
(2000) 97 A.C.W.S. (3d) 934 |
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[2000] B.C.J. No. 1226 |
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(2000) 48 C.P.C. (4th) 380 |
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(2000) 70 L.C.R. 110 |
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