Background: The dispute involved two adjoining properties on Mabel Lake, British Columbia. 540967 BC Ltd., owned by Daniel and Rita Bostock, alleged that a cabin owned by Anita Honey, Larry Gerard Anderson, and Carol Janine Andrews encroached on its land. The cabin had been in place since 1965, with some renovations made by the petitioners.

Legal Issues: The main legal issue was whether the court should grant an easement allowing the encroachment or order the removal of the cabin under the Property Law Act (PLA). The petitioners sought a declaration of easement over the encroached land, while the respondent corporation sought the removal of the encroachments.

Court’s Analysis: The court applied the PLA, focusing on three factors: the understanding of property lines, the nature and size of the encroachment, and the equities of the case. The court found the encroachments were long-standing, permanent, and removal would cause undue hardship to the petitioners.

Decision: The court granted an easement in favor of Honey, Anderson, and Andrews for the encroachment, conditional on compensation. It dismissed 540967 BC Ltd.'s claim for removal of the structures.

Costs: The court ordered that each party bear its own costs for the proceedings to date, with the issue of costs for future proceedings left open. Financial terms were not specified.