| Case name: |
Eagle Island Holdings (Two) Inc. v. British Columbia Hydro and Power Authority |
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| Jurisdiction: |
Canada - British Columbia |
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| Parties: |
Name |
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Appearing as |
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Eagle Island Holdings (Two) Inc. |
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Plaintiff |
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British Columbia Hydro and Power Authority |
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Defendant |
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Davey Tree Expert Co. of Canada Limited |
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Defendant |
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Telus Communications Inc. |
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Defendant |
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| Before: |
Decision maker |
Designation |
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Humphries, Mary A. |
J. |
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| Lawyers: |
Name |
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Appearing for |
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Ahmad, Jasmin Z. |
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Plaintiff |
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McDonell, Robert J. |
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Defendant |
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| Decision: |
Preliminary application by the Defendant Hydro for an order determining whether the court has jurisdiction to determine compensation payable to the Plaintiff pursuant to the Hydro and Power Authority Act, R.S.B.C. 1996, c. 212. A contractor engaged by the Defendant Hydro had entered the Plaintiff's property and cut down a tree located thereon. The Plaintiff sought damages for trespass in the main action. It was held that s. 20 of the Act applied to the entry in this case and the Expropriation Compensation Board established pursuant to the Expropriation Act, R.S.B.C. 1996, c. 125 had exclusive jurisdiction to determine compensation in this situation. The trespass action was stayed and each party was ordered to bear their own costs. |
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| Neutral citation: |
2004 BCSC 1482 |
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| ExLaw citation: |
[2004] EXLAW 309 |
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| Parallel citations: |
(2004) 135 A.C.W.S. (3d) 163 |
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[2004] B.C.J. No. 2376 |
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2004 CarswellBC 2647 |
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(2004) 85 L.C.R. 1 |
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