Plaintiff
Defendant
Case Overview:
The case involved Reginald Norris (plaintiff) and Jean Michel Krief, Patricia Benell, and Kyle DeConnick (defendants). It concerned a dispute over easements on neighboring properties on Bowen Island, BC, stemming from Norris allegedly creating new access points on a driveway burdened by an Easement Agreement.
Key Legal Issues:
Interpretation of the Easement Agreement: Whether two new access points created by Norris—"Construction Access Point" and "Southern Access Point"—were permissible under the Easement Agreement.
Trespass: The defendants argued the new access points constituted trespass.
Injunctive Relief: Both parties sought interim injunctions; Norris to prevent defendants from blocking access and the defendants to prevent Norris from using the disputed access points.
Court's Findings:
The defendants established a prima facie case of trespass, but Norris demonstrated an arguable defense under the Easement Agreement.
There was potential for irreparable harm, particularly safety risks due to increased traffic.
The balance of convenience favored the defendants, leading to an interlocutory injunction preventing Norris from using or modifying the disputed access points until trial.
Disposition and Costs:
The court granted the defendants' injunction and dismissed Norris’s application. Costs were ordered to be in the cause, meaning the allocation of costs would be determined at trial. No monetary award was granted in this decision.
Court
Supreme Court of British ColumbiaCase Number
S244259Practice Area
Real estateAmount
Winner
DefendantTrial Start Date
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