Facts: 1133607 B.C. Ltd. renovated a derelict building at 4015 Victoria Drive, Vancouver. A survey revealed the building's roof and cladding encroached by 3.3 square meters into the airspace above the Singhs' property at 4005 Victoria Drive. The encroachment did not affect ground-level land or future development potential.

Legal Issue: The key issue was determining the appropriate compensation for the encroachment. The petitioner proposed $7,500, while the respondents sought $50,000.

Legal Arguments:

• Petitioner (1133607 B.C. Ltd.): Argued the encroachment was minimal, purely in the airspace, and did not impact the value of the Singh property. They offered $7,500 in compensation based on the assessed land value.
• Respondents (Manjul Singh and Bhupendra Kumar Singh): Claimed the encroachment reduced sunlight, caused water damage, and prevented planned landscaping, justifying their demand for $50,000.

Court's Decision: The court awarded the petitioner an easement upon payment of $7,500 to the respondents, finding this amount fair and reasonable based on the minimal impact of the encroachment.

Costs: The court ruled that each party should bear their own legal costs.