| Case name: |
Waugh v. Pedneault |
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| Jurisdiction: |
Canada - British Columbia |
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| Parties: |
Name |
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Appearing as |
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Esquimalt Lumber Company Limited |
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Claimant |
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Waugh, James Stephenson |
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Claimant |
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Pedneault |
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Authority |
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| Before: |
Decision maker |
Designation |
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Macfarlane, Arthur Douglas |
J. |
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| Lawyers: |
Name |
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Appearing for |
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Haldane, W.H.M. |
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Claimant |
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Harvey, R.D. |
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Authority |
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| Decision: |
Application by the Authority, the holder of timber rights, for an order appointing arbitrators pursuant to the expropriation procedures in the Forest Act, R.S.B.C. 1936, c. 102, and the Railway Act, R.S.B.C. 1936, c. 241. The Authority held timber rights on property adjacent to the Claimants' property and wished to use an access road through the Claimants' property for removal of the timber. The Claimants opposed the appointment on grounds that the access road had been constructed and was already in use by the Claimants for hauling of their own timber. They argued that the Forest Act did not permit expropriation of an access right of way by one logger over the logging road of another logger. The Claimants had brought a separate action to settle this legal issue and requested that the Court on the present application should adjourn or stay the appointment of arbitrators until this issue could be resolved. The Court held that the appointment of arbitrators pursuant to the expropriation procedures could not be halted by a legal challenge to the validity of the expropriation, although the arbitrators were free to refer the matter to the Court for determination. The Authority's application was granted and the arbitrators were appointed. Costs were awarded to the Authority. |
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| ExLaw citation: |
[1947] EXLAW 1 |
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| Parallel citations: |
[1947] B.C.J. No. 37 |
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1947 CarswellBC 59 |
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[1947] 2 W.W.R. 522 |
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