| Case name: |
Fuoco (Estate) v. Kamloops (City) |
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| Jurisdiction: |
Canada - British Columbia |
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| Parties: |
Name |
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Appearing as |
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Fuoco, Genarino John (Estate) |
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Plaintiff |
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Veness, Patricia Elaine |
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Plaintiff |
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British Columbia |
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Defendant |
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Kamloops (City) |
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Defendant |
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| Before: |
Decision maker |
Designation |
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Wilson, R. Dean |
J. |
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| Lawyers: |
Name |
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Appearing for |
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Burke, Reinhard |
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Plaintiff |
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Meyer, Richard J. |
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Defendant |
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| Experts: |
Name |
Occupation |
Appearing for |
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Grant, Danny R. |
Appraiser |
Plaintiff |
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| Decision: |
Trespass action. The Authority Province of British Columbia constructed a temporary dyke on the Claimant's property pursuant to legislation adopted to prevent flooding in 1974. However, the Authority refused to remove the dyke after the emergency conditions abated and for many years thereafter despite the efforts of the now deceased Claimant. The court held that the Limitation Act applied to bar recovery of damages for the period up to 1996 but the Authority was liable to pay damages after that. The Claimant led real estate appraisal evidence in support of the claim for damages, however, the court held that no loss had been proven and awarded nominal damages of $1,000 plus costs. |
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| Neutral citation: |
2002 BCSC 663 |
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| ExLaw citation: |
[2002] EXLAW 311 |
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| Parallel citations: |
(2002) 114 A.C.W.S. (3d) 973 |
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[2002] B.C.J. No. 1096 |
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