Plaintiff
Defendant
Background: The plaintiffs owned properties on Bowen Island and accessed the beach via an easement through the defendants' property. They claimed that various installations by the defendants, such as stairs, fences, and walls, interfered with their easement rights.
Legal Arguments/Issues: The plaintiffs argued that the defendants' installations substantially interfered with their easement rights, limiting the easement to a narrow walking path. They sought damages and removal of the installations, asserting their right to broader use, including driving vehicles or bicycles. The defendants contended that the easement was solely for pedestrian access to the foreshore and that their installations did not impede this access.
Conclusion: The court dismissed the plaintiffs' application, finding that the easement granted a right of way for walking access only. The defendants were awarded their costs at scale B. If either party wished to make different submissions on costs, they were to contact the registry within 30 days.
Costs/Award: The defendants were entitled to their costs at scale B.
Court
Supreme Court of British ColumbiaCase Number
S226803Practice Area
Real estateAmount
Winner
DefendantTrial Start Date
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