| 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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Wood, Herbert Spencer |
J. |
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| Lawyers: |
Name |
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Appearing for |
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Davey, Herbert W. |
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Claimant |
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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 Claimants for an injunction to prevent the Authority from using the Claimants' logging road and for damages for trespass. The Authority was a logger and had commenced expropriation proceedings pursuant to the Forest Act, R.S.B.C. 1936, c. 102, to acquire a right of way over the Claimants' existing logging road but had not yet completed the process due to an outstanding legal challenge brought by the Claimants. In the meantime the Authority had been making use of the right of way to haul a large quantity of timber. The Court found that the Authority had the right to expropriate the right of way but did not have the right to take possession of the right of way until all expropriation proceedings were complete, including determination of compensation. The Authority's entry was premature. The injunction was granted. The claim for damages was adjourned for future consideration. No cost award was made. |
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| ExLaw citation: |
[1948] EXLAW 1 |
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| Parallel citations: |
[1948] B.C.J. No. 85 |
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1948 Can LII 681 |
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1948 CarswellBC 33 |
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[1948] 1 W.W.R. 935 |
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