Expropriation Law Centre




Peterson Stark Scott


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Record no. 546
Case name: British Columbia (Attorney General) v. Perry Ridge Water Users Association
Date: 2003-05-09
Jurisdiction: Canada - British Columbia
Court: Court of Appeal
Registry: [Subscribers only]
File: [Subscribers only]
Order no.: [Subscribers only]
Parties: Name   Appearing as
  Blackie, Sandy   Appellant
  Doe, Jane   Appellant
  Doe, John   Appellant
  Greengrass, Austin   Appellant
  Nixon, Frank   Appellant
  Perry Ridge Water Users Association   Appellant
  Retterath, Guenther   Appellant
  Stevenson, Pam   Appellant
  British Columbia (Attorney General)   Respondent
Before: Decision maker Designation
Levine, Risa E. J.A.
  Low, Richard Thomas A. J.A.
  Ryan, Catherine Anne J.A.
Lawyers: Name   Appearing for
  McGee, Kenyon   Appellant
  Hunter, John J.L.   Respondent
  Pike, Sarah Patricia   Respondent
Taking type/date: [Subscribers only]
Case elements: [Subscribers only]
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.
Comment: [Subscribers only]
Statute references: [Subscribers only]
Case references: [Subscribers only]
Related decisions:      
  [2000] EXLAW 316 B.C. S.C. 2000-06-16
  [2000] EXLAW 333 B.C. S.C. 2000-11-28
  [2001] EXLAW 346 B.C. C.A. 2001-03-16
Neutral citation: 2003 BCCA 275
ExLaw citation: [2003] EXLAW 315
Parallel citations: (2003) 122 A.C.W.S. (3d) 179
  (2003) 182 B.C.A.C. 121
  [2003] B.C.J. No. 1079
  (2003) 13 B.C.L.R. (4th) 274
  (2003) 80 L.C.R. 41
  (2003) 9 R.P.R. (4th) 151
  (2003) 300 W.A.C. 121
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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