| Case name: |
Thompson v. Prince Edward Island (Attorney General) |
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| Jurisdiction: |
Canada - Prince Edward Island |
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| Court: |
Supreme Court - Appeal Division |
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| Parties: |
Name |
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Appearing as |
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Prince Edward Island (Attorney General) |
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Appellant |
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Boswall, Ivan |
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Respondent |
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Boswall, Lucille |
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Respondent |
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Thompson, Donald |
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Respondent |
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Thompson, Heather |
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Respondent |
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| Before: |
Decision maker |
Designation |
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McQuaid, John A. |
J.A. |
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Mitchell, Gerard Eugene |
C.J.P.E.I. |
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Webber, Linda K. |
J.A. |
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| Lawyers: |
Name |
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Appearing for |
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DeMone, Ruth M. |
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Appellant |
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Diamond, John R. |
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Respondent |
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| Decision: |
Appeal by the Province from a lower court declaration establishing the Province's obligations to fence and maintain the Confederation Trail, a former railway now owned by the Province and used as a recreational trail. The railway right of way had been expropriated by the Province in 1871 then later transferred to Canada and CN Railway before returning to Provincial ownership in 1994. The Respondents were property owners holding land adjacent to the trail. The appeal was allowed in part and the declarations modified. Each party was ordered to bear their own costs throughout the proceedings. |
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| Neutral citation: |
2003 PESCAD 18 |
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| ExLaw citation: |
[2003] EXLAW 18 |
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| Parallel citations: |
(2003) 123 A.C.W.S. (3d) 80 |
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(2003) 673 A.P.R. 139 |
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(2003) 3 C.E.L.R. (3d) 207 |
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(2003) 226 Nfld. & P.E.I.R. 139 |
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(2003) P.E.I.J. No. 64 |
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(2003) 10 R.P.R. (4th) 16 |
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