| Case name: |
British Columbia (Attorney General) v. Perry Ridge Water Users Association |
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| Jurisdiction: |
Canada - British Columbia |
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| Parties: |
Name |
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Appearing as |
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Blackie, Sandy |
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Appellant |
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Doe, Jane |
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Appellant |
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Doe, John |
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Appellant |
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Greengrass, Austin |
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Appellant |
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Nixon, Frank |
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Appellant |
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Perry Ridge Water Users Association |
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Appellant |
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Retterath, Guenther |
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Appellant |
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Stevenson, Pam |
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Appellant |
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British Columbia (Attorney General) |
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Respondent |
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| Before: |
Decision maker |
Designation |
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Levine, Risa E. |
J.A. |
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Low, Richard Thomas A. |
J.A. |
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Ryan, Catherine Anne |
J.A. |
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| Lawyers: |
Name |
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Appearing for |
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McGee, Kenyon |
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Appellant |
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Hunter, John J.L. |
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Respondent |
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Pike, Sarah Patricia |
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Respondent |
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| Decision: |
Appeal from a lower court decision in a trespass action arising from a protest in which access had been denied to a road construction crew. The lower court had found in favour of the Crown which claimed ownership of the land. The primary issue was whether the Crown had acquired a sufficient interest in the land to allow it to maintain the trespass action. The court considered the effect of the legislation by which the land had purportedly been acquired and concluded that the act of staking out the right of way was a sufficient act of possession such that the Crown had acquired a right to build the road over the land in question and to maintain the trespass action. The court did not decide the precise nature of the interest in land that the Crown had acquired. The appeal was dismissed. |
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| Neutral citation: |
2003 BCCA 275 |
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| ExLaw citation: |
[2003] EXLAW 315 |
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| Parallel citations: |
(2003) 122 A.C.W.S. (3d) 179 |
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(2003) 182 B.C.A.C. 121 |
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[2003] B.C.J. No. 1079 |
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(2003) 13 B.C.L.R. (4th) 274 |
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(2003) 80 L.C.R. 41 |
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(2003) 9 R.P.R. (4th) 151 |
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(2003) 300 W.A.C. 121 |
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