| Case name: |
Vogel v. Vancouver Island Power Co. |
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| Jurisdiction: |
Canada - British Columbia |
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| Parties: |
Name |
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Appearing as |
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Vogel |
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Plaintiff |
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Vancouver Island Power Co. |
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Defendant |
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| Before: |
Decision maker |
Designation |
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MacDonald, William Alexander |
J. |
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| Lawyers: |
Name |
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Appearing for |
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Maclean, H.A. |
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Plaintiff |
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King, A.D. |
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Defendant |
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Robertson, Harold B. |
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Defendant |
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| Decision: |
Action by a property owner for damages for trespass. The Defendant was an electric utility. In 1910 the Defendant acquired a right of way over the Plaintiff's land on which it constructed a portion of an electric transmission line connecting Jordan River to Goldstream, near Victoria. In 1924, the Defendant decided to relocate a portion of the transmission line within the Plaintiff's property. It did not obtain the Plaintiff's consent for the new route nor did it commence expropriation proceedings before entry. In addition, a fire occurred during construction which spread throughout the Plaintiff's property causing damage. It was held that the Water Act, RSBC 1924, c. 271, required the Plaintiff to give notice to the Attorney General of her intended legal action against the Defendant within six months after the damage had occurred. The Plaintiff had not done so and was thereby prevented from recovering damages from the Authority. The action was dismissed with costs to the Authority. |
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| Related decisions: |
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Earlier |
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Later |
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| ExLaw citation: |
[1926] EXLAW 1 |
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| Parallel citations: |
[1926] B.C.J. No. 17 |
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(1926) 37 B.C.R. 194 |
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[1926] 2 D.L.R. 969 |
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