| Case name: |
Stasiuk v. West Kootenay Power Ltd. |
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| Jurisdiction: |
Canada - British Columbia |
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| Parties: |
Name |
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Appearing as |
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Davie, Heather |
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Appellant |
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Stasiuk, Brian Theodore |
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Appellant |
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Stasiuk, Christa Ann |
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Appellant |
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Stasiuk (Estate), William |
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Appellant |
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van Vliet, Helen Michelle |
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Appellant |
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Shaw Cable Holdings Ltd. |
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Respondent |
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Shaw Cablesystems Ltd. |
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Respondent |
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West Kootenay Power Ltd. |
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Respondent |
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| Before: |
Decision maker |
Designation |
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Huddart, Carole Mahood |
J.A. |
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MacKenzie, Kenneth C. |
J.A. |
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Proudfoot, Patricia Mathilda |
J.A. |
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| Lawyers: |
Name |
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Appearing for |
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Burke, Reinhard |
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Appellant |
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Carpick, James L. |
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Respondent |
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Rush, David M. |
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Respondent |
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| Decision: |
Appeal from a lower court decision dismissing an application for a declaration and damages for trespass. The Respondent West Kootenay had entered into a licence agreement whereby the Respondent Shaw was granted the right to install a fibre optic cable on poles installed on the Appellants' land by West Kootenay. The poles were installed pursuant to a 1959 right of way agreement made with the Appellants' predecessor in title. The Appellants alleged that the Shaw licence agreement was not authorized by the right of way agreement. The appeal was dismissed. |
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| Neutral citation: |
2000 BCCA 377 |
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| ExLaw citation: |
[2000] EXLAW 319 |
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| Parallel citations: |
(2000) 140 B.C.A.C. 39 |
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[2000] B.C.J. No. 1215 |
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(2000) 76 B.C.L.R. (3d) 318 |
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2000 CarswellBC 1251 |
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(2000) 34 R.P.R. (3d) 51 |
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(2000) 229 W.A.C. 39 |
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