| Case name: |
Cook v. North Vancouver (District) |
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| Jurisdiction: |
Canada - British Columbia |
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| Parties: |
Name |
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Appearing as |
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Cook |
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Claimant |
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North Vancouver (District) |
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Authority |
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| Before: |
Decision maker |
Designation |
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Irving, Paulus Aemilius |
J.A. |
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Macdonald, James Alexander |
C.J.A. |
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Martin, Archer Evans Stringer |
J.A. |
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| Lawyers: |
Name |
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Appearing for |
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Hannington, Robert Wetmore |
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Claimant |
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Burns, William Ernest |
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Authority |
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| Decision: |
Appeal by the Claimant from a lower court order staying a trespass action brought by the Claimant for unauthorized entry on to the Claimant's property. The Authority had entered the Claimant's property without notice and cut and removed 250 trees for use in the repair of a nearby highway. The Authority alleged that the entry was made pursuant to the Municipal Clauses Act, S.B.C. 1906, c. 32, s. 240, and that notice was not required prior to entry for this purpose. The lower court held that the Claimant's remedy was to proceed to arbitration to fix compensation payable for the Authority's entry. On appeal it was held that notice was required prior to entry. Since the Authority had not given notice, the trespass action should be allowed to proceed. The appeal was allowed. |
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| Related decisions: |
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Earlier |
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Later |
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| ExLaw citation: |
[1911] EXLAW 1 |
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| Parallel citations: |
[1911] B.C.J. No. 19 |
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(1911) 16 B.C.R. 129 |
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1911 CarswellBC 125 |
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(1911) 18 W.L.R. 349 |
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