Case Overview:
The petitioners, Anita Honey, Larry Anderson, and Carol Andrews, sought compensation determination for a remedial easement granted over their neighbor’s property, owned by the respondent, 540967 BC Ltd.

Key Legal Issues

1. Compensation for the Easement:
   The primary issue was the amount the petitioners should pay to the respondent for an easement created to address two encroachments:

   • The Cabin Encroachment.

   • The Eave Overhanging Encroachment.

2. Costs of the Compensation Hearing:
   Determining which party should bear the costs for the proceeding.

Legal Framework and Analysis:
The court relied on Section 36(2)(a) of the Property Law Act, allowing for compensation for an easement determined equitably. Precedents included Beaton v. Towle and Lalli v. Eng. The court balanced benefits to the petitioners (preserving the cabin’s structure) against minor inconveniences to the respondent.

Outcome:
The court awarded $18,000 to the respondent as fair compensation for the easement. The respondent was also entitled to costs at Scale B under the Supreme Court Civil Rules, as they were substantially successful. Written submissions for costs were permitted if the parties did not agree.