Expropriation Law Centre




Peterson Stark Scott


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Record no. 411
Case name: Denault v. Barclay
Date: 2000-11-24
Jurisdiction: Canada - British Columbia
Court: Expropriation Compensation Board
Registry: [Subscribers only]
File: [Subscribers only]
Order no.: [Subscribers only]
Parties: Name   Appearing as
  Barclay, Mary Dawson   Claimant
  Barclay, Winston Churchill   Claimant
  Denault, Eugene   Authority
Before: Decision maker Designation
Shorthouse, Robert W.C. Chair
Lawyers: Name   Appearing for
  Humphries, Thomas R.   Claimant
  Ruud, E. Sigurd   Authority
Taking type/date: [Subscribers only]
Case elements: [Subscribers only]
Decision: Application by two property owners to prevent expropriation of an easement for a water line through their property. The expropriation would be carried out by the owner of adjacent land pursuant to the Water Act, R.S.B.C. 1996, c. 483. This neighbour held two water licences issued under the Water Act which authorized the expropriation proceedings.

The water pipeline in question had been in place for many years pursuant to an existing registered easement. The purpose of the expropriation was to widen the existing easement area. However, the existing easement had been the subject of previous litigation between these parties which resulted in a court order restricting the access rights available. The property owners alleged that the Water Act expropriation should not proceed on the basis that the issues had previously been decided in the courts (res judicata).

The owners' application was heard by the Expropriation Compensation Board. The Board is required by the Water Act to determine the nature and terms of the easement. The Board held that the prior litigation did not prevent these Water Act proceedings.
Comment: [Subscribers only]
Statute references: [Subscribers only]
Case references: [Subscribers only]
Related decisions:      
  [2002] EXLAW 321 B.C. E.C.B. 2002-09-03
Neutral citation:
ExLaw citation: [2000] EXLAW 331
Parallel citations: (2000) 71 L.C.R. 185
Reasons: [Subscribers only]
Digests contain original content produced by ExLaw and copyright in this content is held by Dicta Legal Services Ltd. (dba Expropriation Law Centre). Reasons for decision are the text of original decisions released by the court or tribunal and edited for accuracy where required. No copyright is claimed for these materials.
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Page last updated: May 8, 2021