Fox v. British Columbia (Ministry of Forests, Lands, Natural Resource Operations and Rural Development)
Timothy Jon Fox
Law Firm / Organization
Nixon Wenger LLP
Lawyer(s)

Daniel Draht

Faye Kathleen Fox
Law Firm / Organization
Nixon Wenger LLP
Lawyer(s)

Daniel Draht

His Majesty the King in Right of the Province of British Columbia Ministry of Forests, Lands, Natural Resource Operations and Rural Development

Case Overview: Timothy Jon Fox and Faye Kathleen Fox appealed against the Ministry of Forests, Lands, Natural Resource Operations, and Rural Development of British Columbia. The Foxes purchased a farm property in 2003, which they believed included an old railway corridor, later discovered to be Crown land. The Ministry issued a trespass notice in 2014, demanding removal of encroachments on the corridor.

Legal Issues: The Foxes sought a "land swap" under section 36 of the Property Law Act (PLA), proposing the exchange of the railway corridor for another strip of land. The Supreme Court ruled that section 36 did not apply to the Crown due to section 14(2) of the Interpretation Act. The Foxes also claimed proprietary estoppel, arguing they had relied on misleading land registry information.

Court Findings: The Court of Appeal upheld the lower court’s decision, agreeing that section 36 of the PLA did not bind the Crown and emphasizing the need to protect public interest in Crown land. The court noted that while the encroachments disrupted the Foxes' farm operations, they had failed to investigate the land status properly before purchase.

Outcome: The appeal was dismissed, with the Court of Appeal suggesting the Foxes could apply under the Land Act for a grant of easement or right-of-way, which the Province might consider.

Costs and Awards: The document did not specify the total amount of costs or awards in favor of the successful party.

Court of Appeals for British Columbia
CA48268
Real estate
Respondent