Case Background:
In 1071583 BC Ltd. v. TM Mobile Inc., the plaintiff, 1071583 BC Ltd., sued TM Mobile Inc., a Telus subsidiary, for trespass. TM Mobile's power line and poles remained on the plaintiff’s property after a statutory right of way expired in 2015, limiting the plaintiff’s ability to establish its own electrical connection.

Key Legal Issues:
The case revolved around the trespass claim and the right of way’s expiry. 1071583 BC Ltd. argued that TM Mobile’s line obstructed development plans and imposed additional costs for temporary electricity. TM Mobile, meanwhile, claimed that the plaintiff implicitly consented to the continued presence of the line during ongoing right-of-way negotiations and disputed liability for the plaintiff’s incurred costs, asserting that a related company, not the plaintiff, incurred those costs.

Damages and Costs:
1071583 BC Ltd. sought damages to cover temporary electricity expenses and related costs, arguing TM Mobile’s refusal to transfer the line to FortisBC hindered their access to reliable power.

Judgment and Award:
The court ruled on whether TM Mobile’s actions constituted trespass and determined any financial liability. The decision awarded damages to the successful party, 1071583 BC Ltd., totaling $60,000 to cover specific costs related to electricity access and the impeded development caused by TM Mobile's trespass.