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Record no. 1194
Case name: Fuoco (Estate) v. Kamloops (City)
Date: 2000-07-10
Jurisdiction: Canada - British Columbia
Court: Supreme Court
Registry: [Subscribers only]
File: [Subscribers only]
Order no.: [Subscribers only]
Parties: Name   Appearing as
  Fuoco, Genarino John (Estate)   Plaintiff
  Veness, Patricia Elaine   Plaintiff
  British Columbia   Defendant
  Kamloops (City)   Defendant
Before: Decision maker Designation
Smith, Daphne M. J.
Lawyers: Name   Appearing for
  Frame, Jeffrey G.   Plaintiff
  Shendroff, Lisa D.   Defendant
Taking type/date: [Subscribers only]
Case elements: [Subscribers only]
Decision: Application by the Authority Province of British Columbia to strike out the statement of claim on the basis that it did not disclose a reasonable cause of action. The Province had constructed a dyke on the subject property in 1974 for emergency flood-control purposes. The dyke was constructed pursuant to statutory authorization and an agreement with the owner. The Province refused to remove the dyke after the authorization ended. It was held that the time limitation to commence legal action had expired before the present action was commenced. In addition, the Claimant had settled its claim against the Authority City of Kamloops by selling the land to the City. This removed the right of the Claimant to recover damages for wrongful use of the property. The application was granted and the action was dismissed.
Comment: [Subscribers only]
Statute references: [Subscribers only]
Case references: [Subscribers only]
Related decisions:      
  [2001] EXLAW 345 B.C. C.A. 2001-04-05
  [2002] EXLAW 311 B.C. S.C. 2002-05-06
Neutral citation: 2000 BCSC 1042
ExLaw citation: [2000] EXLAW 340
Parallel citations: (2000) 97 A.C.W.S. (3d) 1099
  [2000] B.C.J. No. 1479
  (2000) 80 B.C.L.R. (3d) 173
Reasons: [Subscribers only]
Digests contain original content produced by ExLaw and copyright in this content is held by Dicta Legal Services Ltd. (dba Expropriation Law Centre). Reasons for decision are the text of original decisions released by the court or tribunal and edited for accuracy where required. No copyright is claimed for these materials.
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