| Case name: |
Wilson v. Travis |
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| Jurisdiction: |
Canada - British Columbia |
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| Parties: |
Name |
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Appearing as |
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Wilson, Brent Barry |
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Petitioner |
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Wilson, Janet Mary |
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Petitioner |
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Travis, Guy Evert |
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Respondent |
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| Before: |
Decision maker |
Designation |
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Melnick, Thomas J. |
J. |
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| Lawyers: |
Name |
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Appearing for |
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Robertson, Neil M. |
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Petitioner |
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| Experts: |
Name |
Occupation |
Appearing for |
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Beck, Dean |
Appraiser |
Petitioner |
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| Decision: |
Application by the holder of a water licence for an order authorizing the expropriation of an easement. The Petitioners held a water licence issued pursuant to the Water Act, R.S.B.C. 1996, c. 483. After the licence was issued in 2002 the Petitioners obtained verbal authorization from their neighbour, the Respondent, to install a pipe and electrical connection across his property to connect the water supply to the Petitioners' property. Later the Respondent removed the pipe and electrical supply and refused to grant an easement to the Petitioners. The court found that the Petitioners were entitled to expropriate an easement over the Respondent's property pursuant to s. 27 of the Water Act. The detailed terms of the easement are set out in the reasons for decision. The court awarded compensation to the Respondent in the amount of $500 which was also the amount previously offered by the Petitioners. Costs were awarded to the Petitioners in the amount of $5,000 which was directed to be set-off against the compensation otherwise payable. |
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| Related decisions: |
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Earlier |
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Later |
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| Neutral citation: |
2012 BCSC 963 |
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| ExLaw citation: |
[2012] EXLAW 303 |
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| Parallel citations: |
(2012) 219 A.C.W.S. (3d) 221 |
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[2012] B.C.J. No. 1356 |
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(2012) 107 L.C.R. 79 |
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