| Case name: |
Falkoski v. Osoyoos (Town) |
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| Jurisdiction: |
Canada - British Columbia |
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| Parties: |
Name |
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Appearing as |
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Falkoski, Joseph Edward |
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Claimant |
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British Columbia |
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Other |
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Langford, Garth Leslie |
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Other |
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Langford, Shannon Catherine |
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Other |
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Lebeter, Donald |
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Other |
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Lebeter, Elizabeth |
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Other |
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Osoyoos (Town) |
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Other |
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Osoyoos Dividend Ridge Developments Ltd. |
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Other |
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Primeau, Cindy |
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Other |
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Primeau, Kevin |
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Other |
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Sidhu, Baldev Singh |
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Other |
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Sidhu, Swaran Kaur |
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Other |
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| Decision makers: |
Name |
Designation |
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Macdonald, Bruce Dawson |
J. |
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| Lawyers: |
Name |
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Appearing for |
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Zivot, Louis J. |
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Claimant |
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Meyer, Richard J. |
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Other |
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Stirling, Ian J. |
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Other |
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Young, J. Peter |
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Other |
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| Experts: |
Name |
Occupation |
Appearing for |
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Glanville, Ross |
Engineer |
Claimant |
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Semeniuk, Steve |
Financial Analyst |
Other |
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| Decision: |
Action by the Claimant for damages in trespass and/or nuisance. The Claimant held mineral titles in certain lands that came to be located within the Town of Osoyoos following an expansion of municipal boundaries. Initially the Town attempted to prohibit further mining activity on the mineral claims through enactment of a zoning bylaw. The land that was subject to these mineral claims was later developed into residential housing by one of the Defendants. The Claimant alleged that the development of housing prevented him from exercising the limited surface rights that accompanied his mineral rights. The defendant developer acknowledged that the housing development had prevented the Claimant from exercising his rights but disputed the amount of damages payable. The Town was also named as a defendant for having approved and encouraged the development. It was held that the Town and the Developer were jointly liable in nuisance for interference with the Claimant's mineral claims. Damages were awarded at $37,000.00 and were made conditional upon the Claimant delivering a quit claim for the mineral rights. |
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| ExLaw citation: |
[1998] EXLAW 261 |
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| Parallel citations: |
(1998) 78 ACWS (3d) 1010 |
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[1998] BCJ No. 719 |
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(1998) 46 MPLR (2d) 215 |
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