| Case name: |
British Columbia (Attorney General) v. Westgarde |
|
|
|
| Jurisdiction: |
Canada - British Columbia |
|
|
|
|
|
|
|
|
|
| Parties: |
Name |
|
Appearing as |
| |
British Columbia (Attorney General) |
|
Plaintiff |
| |
Haftner, Melvin |
|
Defendant |
| |
Westgarde, Edward |
|
Defendant |
|
| Before: |
Decision maker |
Designation |
|
Macdonald, James Allen |
J. |
|
| Lawyers: |
Name |
|
Appearing for |
| |
Macdonell, A.A.W. |
|
Plaintiff |
| |
Perry, L.W. |
|
Defendant |
|
|
|
|
|
|
|
|
|
| Decision: |
Application by the Province of British Columbia for an injunction and damages resulting from the obstruction of a road. The Defendants held a mineral claim over certain Crown lands pursuant to the Mineral Act, R.S.B.C. 1960, c. 244. The Minister of Forests purported to establish a Forest Service Road pursuant to the Forest Act, R.S.B.C. 1960, c. 153 over a portion of the Defendants' mineral claim. The Defendants erected barricades to prevent use of the road. It was held that the Minister of Forests had expropriated the portion of the mineral claim lying within the road pursuant to s. 147(1) of the Forest Act. An injunction preventing further obstruction of the road and an award of damages for trespass was granted. |
|
|
|
|
|
|
|
| Related decisions: |
|
|
|
| |
Earlier |
| |
| |
Later |
| |
|
|
|
| ExLaw citation: |
[1971] EXLAW 6 |
|
| Parallel citations: |
[1971] B.C.J. No. 95 |
| |
[1971] 5 W.W.R. 154 |
|
|
|
