Mowatt v. British Columbia (Attorney General)
Attorney General of British Columbia
Law Firm / Organization
B.C. Ministry of Justice
Lawyer(s)

David Cowie

The Corporation of the City of Nelson
Mary Geraldine Mowatt
Law Firm / Organization
Olthuis Van Ert
Lawyer(s)

Gib van Ert

Law Firm / Organization
Segev LLP
Lawyer(s)

David McHugh

Earl Wayne Mowatt
Law Firm / Organization
Olthuis Van Ert
Lawyer(s)

Gib van Ert

Law Firm / Organization
Segev LLP
Lawyer(s)

David McHugh

  • Facts: This case involves a dispute over land ownership under the Escheat Act, with Mowatt contesting the escheatment of land to the Crown in British Columbia, claiming adverse possession and proprietary estoppel.
  • Issue: The central legal question was whether Mowatt had established a sufficient claim to the land through adverse possession or could prevent the escheat to the Crown based on proprietary estoppel.
  • Court's Ruling: The court dismissed Mowatt's claims, finding that he had not met the legal requirements for adverse possession or proprietary estoppel sufficient to counter the escheat to the Crown.
  • Costs/Damages Awarded: The court awarded costs to the successful party, the Attorney General of British Columbia, though the specific amount is not detailed in the summary provided.
Supreme Court of British Columbia
S2111001
Civil litigation
Respondent