Case name: |
Terasen Gas Inc. v. Surrey (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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Terasen Gas Inc. |
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Plaintiff |
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Angus Properties Ltd. |
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Defendant |
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R.R.G. Land Holdings Inc. |
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Defendant |
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Surrey (City) |
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Defendant |
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Terasen Inc. |
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Defendant |
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Before: |
Decision maker |
Designation |
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Smith, C. Lynn |
J. |
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Lawyers: |
Name |
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Appearing for |
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Lam, J. |
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Plaintiff |
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Urquhart, D. Rodney |
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Plaintiff |
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Capuccinello, I. Anthony |
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Defendant |
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Ferbers, Mark W.J. |
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Defendant |
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Decision: |
Application by one of the Defendants, a property owner, for an order dismissing the action insofar as it affected the Applicant. The action had been commenced by the Plaintiff, a pipeline operator, seeking declarations with respect to a statutory right of way agreement encumbering a parcel of land located in Surrey. A statutory right of way had been granted in favour of the Plaintiff's predecessor in title in 1957. In 2005 the Applicant agreed to sell a portion of the subject property to the Defendant City of Surrey for road widening purposes. The Plaintiff alleged that the Applicant was in breach of the statutory right of way agreement by selling the property. It was held that the Plaintiff had not proved its claim against the Applicant. The application was allowed and the action was dismissed insofar as it involved the Applicant. |
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Neutral citation: |
2011 BCSC 901 |
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ExLaw citation: |
[2011] EXLAW 313 |
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Parallel citations: |
[2011] B.C.J. No. 1290 |
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