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Decisions matching the current search
La Cour rejette l’appel et confirme que la nullité de certaines clauses positives n’invalide pas le reste du droit de passage statutaire.
Post-trial costs reasons in a statutory right of way dispute. The City was found substantially successful, received trial costs, and costs were allocated for three interim applications.
The court granted the City of West Kelowna an interlocutory injunction preventing a strata from blocking public access to a registered lakeside walkway.
The court refused to summarily dismiss most oppression-remedy issues, but struck the plaintiffs’ beneficial-ownership claims as untimely and unsupported.
The court dismissed a petition to cancel a conservation covenant, statutory right of way and rent charge over a Coquitlam property, finding the statutory tests were not met.
The court held that locked gates on a statutory right of way substantially interfered with TimberWest’s access and ordered 076 to keep them open as needed.
The Court cancelled a statutory right of way over the petitioners’ property, finding the instrument invalid for uncertainty and unenforceable positive obligations.
The Court held the Surface Rights Board erred in finding jurisdiction over the Fells’ claim, set aside the decision, and found the Wellsite remained subject to prior rights and reservations.
The court held that a registered easement authorized access to and operation of the Horton Bay public wharf, ordered rectification for a small encroachment, and awarded nominal damages.
The court held the strata corporation and property manager liable after a cyclist was injured by an unmarked rollover curb on a shared pathway in Vancouver.
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