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Record no. 845
Case name: Thompson v. Prince Edward Island (Attorney General)
Date: 2003-06-23
Jurisdiction: Canada - Prince Edward Island
Court: Supreme Court - Appeal Division
Registry: [Subscribers only]
File: [Subscribers only]
Order no.: [Subscribers only]
Parties: Name   Appearing as
  Prince Edward Island (Attorney General)   Appellant
  Boswall, Ivan   Respondent
  Boswall, Lucille   Respondent
  Thompson, Donald   Respondent
  Thompson, Heather   Respondent
Before: Decision maker Title
McQuaid, John A. J.A.
  Mitchell, Gerard Eugene C.J.P.E.I.
  Webber, Linda K. J.A.
Lawyers: Name   Appearing for
  DeMone, Ruth M.   Appellant
  Diamond, John R.   Respondent
Taking type/date: [Subscribers only]
Case elements: [Subscribers only]
Decision: Appeal by the Province from a lower court declaration establishing the Province's obligations to fence and maintain the Confederation Trail, a former railway now owned by the Province and used as a recreational trail. The railway right of way had been expropriated by the Province in 1871 then later transferred to Canada and CN Railway before returning to Provincial ownership in 1994. The Respondents were property owners holding land adjacent to the trail. The appeal was allowed in part and the declarations modified. Each party was ordered to bear their own costs throughout the proceedings.
Comment: [Subscribers only]
Statute references: [Subscribers only]
Case references: [Subscribers only]
Related decisions:      
  [1999] EXLAW 1 P.E. S.C.T.D. 1999-03-03
  [2002] EXLAW 1 P.E. S.C.T.D. 2002-07-05
Neutral citation: 2003 PESCAD 18
ExLaw citation: [2003] EXLAW 18
Parallel citations: (2003) 673 A.P.R. 139
  (2003) 226 Nfld. & P.E.I.R. 139
  (2003) P.E.I.J. No. 64
  (2003) 10 R.P.R. (4th) 16
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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