Expropriation Law Centre




Vandema Commercial Real Estate Resources


Free Case Law
Record no. 490
Case name: Denault v. Barclay
Date: 2002-09-03
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
  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
Taking type/date: [Subscribers only]
Case elements: [Subscribers only]
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.
Comment: [Subscribers only]
Statute references: [Subscribers only]
Case references: [Subscribers only]
Related decisions:      
  [2000] EXLAW 331 B.C. E.C.B. 2000-11-24
Neutral citation:
ExLaw citation: [2002] EXLAW 321
Parallel citations: (2002) 78 L.C.R. 288
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.
Join the Mailing List
Enter your name and email address below:


Online Subscription
Online Subscription Service sign-up
Online Subscription Service log-in


© 2022 Dicta Legal Services Ltd.
Page last updated: May 8, 2021