| 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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Plaintiff |
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Langford, Garth Leslie |
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Defendant |
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Langford, Shannon Catherine |
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Defendant |
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Lebeter, Donald |
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Defendant |
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Lebeter, Elizabeth |
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Defendant |
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Osoyoos (Town) |
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Defendant |
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Osoyoos Dividend Ridge Developments Ltd. |
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Defendant |
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Primeau, Cindy |
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Defendant |
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Primeau, Kevin |
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Defendant |
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Sidhu, Baldev Singh |
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Defendant |
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Sidhu, Swaran Kaur |
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Defendant |
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British Columbia |
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Third party |
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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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Plaintiff |
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Stirling, Ian J. |
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Defendant |
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Young, J. Peter |
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Defendant |
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Meyer, Richard J. |
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Third party |
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| Experts: |
Name |
Occupation |
Appearing for |
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Glanville, Ross |
Engineer |
Plaintiff |
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Semeniuk, Steve |
Financial Analyst |
Defendant |
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| Decision: |
Action for damages in trespass and/or nuisance. The Plaintiff held mineral titles in certain lands located within the municipal boundaries of the Town of Osoyoos. Initially the Town attempted to prohibit mining activity on the mineral claims through enactment of a zoning bylaw. The land that was subject to the mineral claims was later developed into residential housing by one of the Defendants. The Plaintiff alleged that 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 Plaintiff 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 Plaintiff's mineral claims. Damages were awarded at $37,000.00 and were made conditional upon the Plaintiff 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 CanLII 2817 |
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1998 CarswellBC 707 |
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(1998) 46 MPLR (2d) 215 |
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