Case name: |
Stasiuk v. West Kootenay Power Ltd. |
|
|
Jurisdiction: |
Canada - British Columbia |
|
|
|
|
|
Parties: |
Name |
|
Appearing as |
|
Davie, Heather |
|
Plaintiff |
|
Stasiuk, Brian Theodore |
|
Plaintiff |
|
Stasiuk, Christa Ann |
|
Plaintiff |
|
Stasiuk (Estate), William |
|
Plaintiff |
|
van Vliet, Helen Michelle |
|
Plaintiff |
|
Shaw Cable Holdings Ltd. |
|
Defendant |
|
Shaw Cablesystems Ltd. |
|
Defendant |
|
West Kootenay Power Ltd. |
|
Defendant |
|
Before: |
Decision maker |
Designation |
|
Hunter, Robert B. |
J. |
|
Lawyers: |
Name |
|
Appearing for |
|
Frame, Jeffrey G. |
|
Plaintiff |
|
Carpick, James L. |
|
Defendant |
|
Rush, David M. |
|
Defendant |
|
|
|
|
|
Decision: |
Application for a declaration that a license agreement was unlawful. The licence agreement purported to authorize the Defendant Shaw to install a fibre optics cable on electric power transmission poles owned by the Defendant West Kootenay. West Kootenay's poles were installed on land owned by the Plaintiffs pursuant to a right of way agreement made in 1959 with the Plaintiffs' predecessor in title. The court held that the licence agreement was valid and the action was dismissed. |
|
|
|
|
|
|
ExLaw citation: |
[1999] EXLAW 323 |
|
Parallel citations: |
[1999] B.C.J. No. 912 |
|
(1999) 9 B.C.T.C. 232 |
|
|