| Case name: |
Denault v. Barclay |
|
|
|
| Jurisdiction: |
Canada - British Columbia |
|
| Court: |
Expropriation Compensation Board |
|
|
|
|
|
|
|
| Parties: |
Name |
|
Appearing as |
| |
Barclay, Mary Dawson |
|
Claimant |
| |
Barclay, Winston Churchill |
|
Claimant |
| |
Kana, Vincent Frank |
|
Claimant |
| |
Denault, Eugene |
|
Authority |
|
| Before: |
Decision maker |
Designation |
|
Shorthouse, Robert W.C. |
Chair |
|
| Lawyers: |
Name |
|
Appearing for |
| |
Humphries, Thomas R. |
|
Claimant |
| |
O'Neill, Michael P. |
|
Authority |
|
| Experts: |
Name |
Occupation |
Appearing for |
| |
Penner, Bernard H. |
Engineer |
Authority |
|
|
|
|
|
|
|
| Decision: |
Application to the British Columbia Expropriation Compensation Board pursuant to the Water Act, R.S.B.C. 1996, c. 483, for an order approving a proposed expropriation of an easement for a water pipeline. The applicant was the holder of a water licence authorizing diversion of water for domestic and irrigation purposes. The applicant's works had been in place for many years and there was an existing easement providing for the placement of a water pipeline and access over the respondent's property. However, the applicant sought to expand the easement area. After dealing with several procedural objections the Board determined that the expanded easement was not reasonably required by the applicant. The application was dismissed. |
|
|
|
|
|
|
|
|
|
|
|
| ExLaw citation: |
[2002] EXLAW 321 |
|
| Parallel citations: |
2002 CarswellBC 3497 |
| |
(2002) 78 L.C.R. 288 |
|
|
|
