Background:
Leonard Chisholm was injured in a motorcycle accident on the Canoe West Forest Service Road near Valemount, B.C. He alleged that Valemount Forest Products Ltd. and the Province of British Columbia, represented by the Ministry of Forests, Lands, and Natural Resource Operations, were negligent in failing to maintain the road in a safe condition.

Legal Issues:
The key issue was whether the Province was immune from liability under section 24(3) of the Industrial Roads Act, which bars claims for injuries caused by the condition of "industrial roads." The chambers judge ruled that the immunity applied, dismissing Chisholm’s claim. On appeal, the main question was whether the term “road” in section 24(3) referred specifically to industrial roads or applied more broadly.

Court's Decision:
The British Columbia Court of Appeal held that the chambers judge misinterpreted the statute. The immunity applied only to “industrial roads,” and since the road in question was a forest service road under the Forest Act, it was expressly excluded. The appeal was allowed, and the order dismissing Chisholm’s claim against the Province was set aside.

Costs and Award:
The judgment did not specify a total amount of damages, as the case was remanded for further proceedings. However, Chisholm, as the successful party, was awarded costs of the appeal.