| Case name: |
Thompson v. Prince Edward Island (Attorney General) |
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| Jurisdiction: |
Canada - Prince Edward Island |
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| Court: |
Supreme Court - Trial Division |
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| Parties: |
Name |
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Appearing as |
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Boswall, Ivan |
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Plaintiff |
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Boswall, Lucille |
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Plaintiff |
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Thompson, Donald |
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Plaintiff |
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Thompson, Heather |
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Plaintiff |
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Prince Edward Island (Attorney General) |
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Defendant |
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| Before: |
Decision maker |
Designation |
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Matheson, Jacqueline R. |
J. |
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| Lawyers: |
Name |
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Appearing for |
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Diamond, John R. |
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Plaintiff |
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DeMone, Ruth M. |
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Defendant |
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| Decision: |
Application by several property owners for a declaration. The Plaintiffs owned and operated farms adjacent to and intersected by the Confederation Trail, a former CN Railway right of way. The right of way had originally been acquired by the Province through expropriation proceedings in 1874. Title transferred to Canada by the 1873 Terms of Union. However, after rail operations formally ceased in 1989, the Province reacquired title and converted the right of way to a public trail pursuant to the Trails Act, S.P.E.I. 1994, c. 62.
In previous proceedings, an injunction was obtained by the Province to prevent the plaintiffs and others from obstructing the Confederation Trail.
In this proceeding, the Plaintiffs sought several declarations to determine the extent to which the Province was responsible for fencing, farm crossings and maintenance and supervision of the right of way where it lay adjacent to the properties of the Plaintiffs. One of the issues was whether the statutory requirements applicable to railway operations were still applicable even though rail operations had ceased. Several declarations were granted and costs were awarded to the Plaintiffs. |
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| Neutral citation: |
2002 PESCTD 45 |
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| ExLaw citation: |
[2002] EXLAW 1 |
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| Parallel citations: |
(2002) 115 A.C.W.S. (3d) 65 |
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(2002) 644 A.P.R. 97 |
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(2002) 215 Nfld. & P.E.I.R. 97 |
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[2002] P.E.I.J. No. 60 |
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