Plaintiff
Defendant
Overview:
The case involved a dispute over BC Hydro’s installation of a new power pole on the plaintiffs’ property. The plaintiffs claimed trespass, property damage, and sought fines under the Fisheries Act. They demanded up to $11 million in damages and the removal of the poles.
Legal Issues and Arguments:
Trespass and Property Rights:
The plaintiffs argued the old pole belonged to their family and that BC Hydro unlawfully installed the new pole without permission. BC Hydro countered that it owned the old pole jointly with Telus and had statutory authority under the Hydro and Power Authority Act to enter the property for maintenance.
Environmental Claims:
The plaintiffs alleged harm to McMillan Creek under the Fisheries Act. BC Hydro presented evidence showing no environmental damage.
Damages to Driveway:
The plaintiffs claimed BC Hydro caused damage but provided no direct evidence of causation or repair costs.
Court Findings:
The court held that BC Hydro owned the old pole and acted within its statutory authority. There was no evidence of environmental damage or that BC Hydro caused driveway harm. Trespass claims were dismissed as the plaintiffs had obstructed BC Hydro's remediation efforts.
Costs and Outcome:
The court dismissed all claims and awarded costs to BC Hydro, though the specific cost amount was not detailed in the judgment.
Court
Supreme Court of British ColumbiaCase Number
S1648966Practice Area
Civil litigationAmount
Winner
DefendantTrial Start Date
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