| 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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O'Halloran, Cornelius Hawkins |
J.A. |
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Robertson, Harold Edwin Bruce |
J.A. |
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Smith, Sidney Alexander |
J.A. |
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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: |
Appeal from a lower court decision granting an injunction and awarding damages for trespass. At trial, the Claimant was successful in preventing the Authority from expropriating a logging road right of way over the Claimant's property pursuant to the Forest Act, R.S.B.C. 1936, c. 102. The lower court held that the Authority had the right to expropriate a logging road right of way over the Claimant's land but the Authority did not have the right to make use of it until all proceedings, including the determination of compensation, had been concluded. On appeal, the court found that the Forest Act did not permit the Authority to expropriate a right of way over another logging road. |
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| ExLaw citation: |
[1948] EXLAW 3 |
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| Parallel citations: |
[1948] B.C.J. No. 1 |
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1948 Can LII 474 |
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1948 CarswellBC 96 |
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[1949] 1 W.W.R. 14 |
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