| Case name: |
British Columbia (Minister of Transportation and Highways) v. Hollobon |
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| Jurisdiction: |
Canada - British Columbia |
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| Parties: |
Name |
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Appearing as |
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British Columbia (Minister of Transportation and Highways) |
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Petitioner |
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Hollobon |
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Respondent |
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| Before: |
Decision maker |
Designation |
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McKenzie, Lloyd G. |
J. |
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| Lawyers: |
Name |
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Appearing for |
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Fraser, A.K. |
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Petitioner |
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Manson, Duncan James |
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Respondent |
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| Decision: |
Application by the Petitioner, Province of British Columbia, for a declaration that the Petitioner had no legal duty to compensate the Respondent property owner for flooding of the Respondent's property. The subject property was located near Roberts Creek. The Petitioner had installed a culvert under a nearby highway which discharged water into a stream adjacent to the Respondent's property causing flooding. No land was taken from the Respondent. The Respondent had commenced arbitration proceedings pursuant to s. 26 of the Ministry of Transportation and Highways Act, R.S.B.C. 1979, c. 280. It was held that the Petitioner had no duty to compensate persons from whom no land was taken. The declaration was granted. |
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| Related decisions: |
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Later |
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| ExLaw citation: |
[1982] EXLAW 16 |
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| Parallel citations: |
(1982) 15 A.C.W.S. (2d) 241 |
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[1982] B.C.J. No. 1693 |
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(1982) 38 B.C.L.R. 370 |
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(1982) 26 L.C.R. 91 |
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