CCR Resort Ltd. v. Jaff Family Resort Holdings Ltd.
CCR Resort Ltd.
Law Firm / Organization
Pushor Mitchell LLP
Lawyer(s)

Mark Danielson

Jaff Family Resort Holdings Ltd.
Law Firm / Organization
Nixon Wenger LLP
Lawyer(s)

Daniel Draht

Barry Siebenga
Law Firm / Organization
Unrepresented
Crazy Creek Developments Ltd.
Law Firm / Organization
Unrepresented

Background:
CCR Resort Ltd. owned land on the west side of Crazy Creek, where it operated the Crazy Creek Hot Pools Resort. Jaff Family Resort Holdings Ltd. owned the eastern land, primarily operating a business offering views of the creek and access to the suspension bridge. The bridge connected the two properties, with CCR’s land hosting the western end and Jaff’s land hosting the eastern end. In 2011, two easements were registered allowing Jaff Resort to use CCR’s land for business purposes, including tourist access.

In 2020, Jaff Resort purchased its property from Crazy Creek Developments Ltd., which had been operated by the same entity controlling CCR Resort. The dispute arose when Jaff Resort restricted CCR’s customers from accessing the bridge unless they purchased tickets from Jaff, precluding CCR from selling tickets.

Legal Issue:
CCR Resort sought an injunction to prevent Jaff Resort from blocking access, claiming it violated the easements. Jaff argued it had the right to control customer access under the easements while still allowing CCR’s owners and employees entry.

Court's Decision:
The court dismissed CCR’s injunction request, finding no irreparable harm. The balance of convenience favored Jaff Resort, whose income depended heavily on ticket sales.

Costs:
Jaff Family Resort Holdings Ltd. was awarded costs at Scale B, payable immediately.

Supreme Court of British Columbia
S140310
Real estate
Defendant