Gardiner v. Robinson

JurisdictionBritish Columbia
CourtSupreme Court of British Columbia (Canada)
JudgeEhrcke, J.
Citation[2006] B.C.T.C. Uned. 509,2006 BCSC 1014,[2006] B.C.T.C. Uned. 509 (SC)
Date09 June 2006
Subject MatterREAL PROPERTY,TORTS

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20 practice notes
  • Court Of Appeal Summaries (February 14-18, 2022)
    • Canada
    • Mondaq Canada
    • February 22, 2022
    ...Interpretation, Real Property, Easements, Easements by Implication, Canadian Aviation Regulations, SOR/96-433, Gardiner v. Robinson, 2006 BCSC 1014, Anger & Honsberger, Law of Real Property, loose-leaf, 3rd ed. (Toronto: Thompson Reuters, 2021) Bakhsh v. Merdad, 2022 ONCA 130 Keywords: Fami......
  • Court Of Appeal Summaries (February 14-18, 2022)
    • Canada
    • Mondaq Canada
    • February 22, 2022
    ...Interpretation, Real Property, Easements, Easements by Implication, Canadian Aviation Regulations, SOR/96-433, Gardiner v. Robinson, 2006 BCSC 1014, Anger & Honsberger, Law of Real Property, loose-leaf, 3rd ed. (Toronto: Thompson Reuters, 2021) Bakhsh v. Merdad, 2022 ONCA 130 Keywords: Fami......
  • Horst v Purcell
    • Canada
    • Supreme Court of British Columbia (Canada)
    • July 8, 2024
    ...occupation or unrestricted use of the easement land. Citing Banville v. White, 2002 BCCA 239, the Court in Gardiner v. Robinson, 2006 BCSC 1014 explained: [24] […] … while the easement constitutes a charge on the servient tenant's land, the servient tenant retains all residual property righ......
  • Avanti Mining Inc. et al. v. Kitsault Resort Ltd. et al.
    • Canada
    • Supreme Court of British Columbia (Canada)
    • August 23, 2010
    ...the conveyance as to the nature and extent of the rights conveyed. (p. 455). [54] The defendant also refers to Gardiner v. Robinson 2006 BCSC 1014, in which Ehrcke J. rejected the petitioner's submission that the ambit of an easement is governed solely by the wording of the instrument itsel......
  • Get Started for Free
18 cases
  • Avanti Mining Inc. et al. v. Kitsault Resort Ltd. et al.
    • Canada
    • Supreme Court of British Columbia (Canada)
    • August 23, 2010
    ...the conveyance as to the nature and extent of the rights conveyed. (p. 455). [54] The defendant also refers to Gardiner v. Robinson 2006 BCSC 1014, in which Ehrcke J. rejected the petitioner's submission that the ambit of an easement is governed solely by the wording of the instrument itsel......
  • Horst v Purcell
    • Canada
    • Supreme Court of British Columbia (Canada)
    • July 8, 2024
    ...occupation or unrestricted use of the easement land. Citing Banville v. White, 2002 BCCA 239, the Court in Gardiner v. Robinson, 2006 BCSC 1014 explained: [24] […] … while the easement constitutes a charge on the servient tenant's land, the servient tenant retains all residual property righ......
  • Thompson v Hay
    • Canada
    • Supreme Court of British Columbia (Canada)
    • April 10, 2024
    ...v. Madill, 2019 BCSC 898. The principal cases relied upon by the defendant were Lewko v. Budd, 2019 ONSC 3594 and Gardiner v. Robinson, 2006 BCSC 1014. D. Expert Evidence 149 By way of a general comment, I accept that all the experts have qualifications and expertise to opine on at least so......
  • LY Capital Inc. v. 668599 B.C. Ltd.
    • Canada
    • Supreme Court of British Columbia (Canada)
    • February 16, 2023
    ...with a key or an access code to open it: see Lewko v. Budd, 2019 ONSC 3594; Wilson v. McQuade, 2022 ONSC 847; Gardiner v. Robinson, 2006 BCSC 1014. [36] In Lewko, the Court noted [25] …[T]he test is whether the right of way may be substantially and practically exercised as conveniently as b......
  • Get Started for Free
2 firm's commentaries
  • Court Of Appeal Summaries (February 14-18, 2022)
    • Canada
    • Mondaq Canada
    • February 22, 2022
    ...Interpretation, Real Property, Easements, Easements by Implication, Canadian Aviation Regulations, SOR/96-433, Gardiner v. Robinson, 2006 BCSC 1014, Anger & Honsberger, Law of Real Property, loose-leaf, 3rd ed. (Toronto: Thompson Reuters, 2021) Bakhsh v. Merdad, 2022 ONCA 130 Keywords: Fami......
  • Court Of Appeal Summaries (February 14-18, 2022)
    • Canada
    • Mondaq Canada
    • February 22, 2022
    ...Interpretation, Real Property, Easements, Easements by Implication, Canadian Aviation Regulations, SOR/96-433, Gardiner v. Robinson, 2006 BCSC 1014, Anger & Honsberger, Law of Real Property, loose-leaf, 3rd ed. (Toronto: Thompson Reuters, 2021) Bakhsh v. Merdad, 2022 ONCA 130 Keywords: Fami......