Coquitlam (City of) v. Gemex Developments Corp.

Coquitlam (City of) v. Gemex Developments Corp.

Section 309.1 of the Local Government Act authorizes the City to enter private land without the owner's consent for the purposes of intended services, including feasibility studies for a proposed crossing; accordingly the City was entitled to a declaration that it may enter the Gemex property to carry out those feasibility studies and to an order preventing Gemex from obstructing such entry, subject to 48 hours notice; it was unnecessary to decide authority under the Expropriation Act.

Citation
2001 BCSC 1231
Parties
Petitioner: City of Coquitlam; Respondent: Gemex Developments Corp.
Court
Supreme Court of British Columbia
Jurisdiction
Canada
Judgment Date
28 August 2001
Procedural Posture
Civil Petition for Declaration and Entry / Decision on Petition (reasons for Judgment)
Outcome
Petition granted: declaration and protective order granted; costs reserved
Legal Topics
Entry Onto Land, Statutory Authority, Feasibility Studies, Local Government Act S.309.1, Expropriation Act S.9, Compensation
Source Language
English
Municipal Law Property Law Administrative Law Environmental Law Expropriation Law Entry Onto Land Statutory Authority Feasibility Studies +3 more

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Parties

City of Coquitlam

Petitioner

Gemex Developments Corp.

Respondent

Procedural Posture

Civil Petition for Declaration and Entry / Decision on Petition (reasons for Judgment)

Legal Issues

  1. 1 Whether s.309.1 of the Local Government Act authorizes a municipality to enter private land without consent for purposes of proposed services including feasibility studies for a proposed river crossing
  2. 2 Whether the Expropriation Act s.9 authorizes the entry and whether a prerequisite establishing bylaw was required
  3. 3 Whether entry under s.309.1 constitutes an expropriation and whether compensation is payable

Ratio Decidendi

Section 309.1 of the Local Government Act authorizes the City to enter private land without the owner's consent for the purposes of intended services, including feasibility studies for a proposed crossing; accordingly the City was entitled to a declaration that it may enter the Gemex property to carry out those feasibility studies and to an order preventing Gemex from obstructing such entry, subject to 48 hours notice; it was unnecessary to decide authority under the Expropriation Act.

Court Disposition

Petition granted: declaration and protective order granted; costs reserved

Orders

  • Declaration that City is entitled under s.309.1 of the Local Government Act to enter the Gemex property to carry out feasibility studies related to the proposed David Avenue crossing
  • Order preventing the respondent and others from preventing or obstructing the City and its agents from entering the property to carry out the feasibility studies