| Case name: |
Fuoco (Estate) v. Kamloops (City) |
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| Jurisdiction: |
Canada - British Columbia |
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| Parties: |
Name |
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Appearing as |
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Fuoco, Genarino John (Estate) |
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Plaintiff |
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Veness, Patricia Elaine |
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Plaintiff |
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British Columbia |
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Defendant |
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Kamloops (City) |
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Defendant |
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| Before: |
Decision maker |
Designation |
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Smith, Daphne M. |
J. |
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| Lawyers: |
Name |
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Appearing for |
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Frame, Jeffrey G. |
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Plaintiff |
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Shendroff, Lisa D. |
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Defendant |
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| 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. |
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| Neutral citation: |
2000 BCSC 1042 |
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| ExLaw citation: |
[2000] EXLAW 340 |
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| Parallel citations: |
(2000) 97 A.C.W.S. (3d) 1099 |
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[2000] B.C.J. No. 1479 |
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(2000) 80 B.C.L.R. (3d) 173 |
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