| Case name: |
Tener v. British Columbia |
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| Jurisdiction: |
Canada - British Columbia |
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| Parties: |
Name |
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Appearing as |
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Tener, David Evans |
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Claimant |
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Tener, Gertrude Marina |
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Claimant |
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British Columbia |
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Authority |
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| Before: |
Decision maker |
Designation |
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Rae, George Gordon Stuart |
J. |
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| Lawyers: |
Name |
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Appearing for |
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Cumming, George Stewart |
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Claimant |
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Pearce, William A. |
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Authority |
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| Decision: |
Application to court by the Claimants for a declaration that the Claimants were entitled to compensation. The Claimants were the registered owners of several mineral claims Crown-granted in 1937. The surface of the mineral claims was designated as a provincial park in 1939. For many years after the park designation, surface access to the mineral claims was permitted. However, in 1973 Government park policy changed such that park use permits were required and none were issued to the Claimants. As a result the Claimants were unable to access their claims. The court held that the Claimants were not entitled to compensation. |
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| ExLaw citation: |
[1980] EXLAW 9 |
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| Parallel citations: |
[1980] B.C.J. No. 1896 |
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(1980) 23 B.C.L.R. 309 |
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(1980) 114 D.L.R. (3d) 728 |
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(1980) 21 L.C.R. 26 |
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