| Case name: |
Laverock v. British Columbia Forest Products Ltd. |
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| Jurisdiction: |
Canada - British Columbia |
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| Parties: |
Name |
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Appearing as |
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Glensilah Holdings Ltd. |
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Plaintiff |
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Laverock, David J. |
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Plaintiff |
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British Columbia Forest Products Ltd. |
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Defendant |
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| Before: |
Decision maker |
Designation |
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Dohm, Thomas Anthony |
J. |
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| Lawyers: |
Name |
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Appearing for |
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Macdonald, Alex B. |
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Plaintiff |
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Candido, L.M. |
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Defendant |
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| Decision: |
Action brought by an owner for an injunction and damages for trespass. The Defendant operated a logging road over the Plaintiff's property. The logging road right of way had been acquired by another forestry company by way of expropriation proceedings initiated in 1943 pursuant to the Forest Act, RSBC 1936, c. 102. The Defendant in this proceeding had acquired the right of way by an assignment in 1959 from the original forestry company. The court found that the expropriated right of way was in the nature of an easement that ran with the land. It was not a mere licence. It had been properly registered in the Land Title Office and it had been effectively assigned to the Defendant. The action was dismissed. |
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| ExLaw citation: |
[1971] EXLAW 2 |
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| Parallel citations: |
[1971] B.C.J. No. 450 |
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[1971] 4 W.W.R. 486 |
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