Background: Tekamar Mortgage Fund Ltd. and Lori Anne Moen owned landlocked property adjacent to a subdivision approved by an approving officer under the Land Title Act (LTA). They alleged negligence by the approving officer for approving the subdivision without ensuring highway access to their property.

Legal Arguments/Issues: The appellants argued that the approving officer owed a private law duty of care in approving subdivisions and that section 75(1)(a) of the LTA mandated highway access for adjacent lands. The respondents, including His Majesty the King in Right of the Province of British Columbia, contended that there was no duty of care owed by the approving officer, and the statutory scheme of the LTA precluded such a duty. The appellants also claimed misfeasance in public office and sought to amend their claim further.

Held: The appeal was dismissed, affirming the lower court's decision that the approving officer did not owe a private law duty of care. The court relied on the precedent set in Held v. Sechelt (District), which determined that the public interest focus of the LTA precluded such a duty. The court held that the appellants' claims in negligence were bound to fail, as the statutory scheme provided the approving officer with broad discretion and emphasized public interest over private concerns.

Costs and Award: The total amount of costs and/or awards in favor of the successful party, His Majesty the King in Right of the Province of British Columbia and others, was not specified in the document.