Gardiner v. Robinson, [2006] B.C.T.C. Uned. 509

JudgeEhrcke, J.
CourtSupreme Court of British Columbia (Canada)
Case DateJune 09, 2006
JurisdictionBritish Columbia
Citations[2006] B.C.T.C. Uned. 509;2006 BCSC 1014;[2006] B.C.T.C. Uned. 509 (SC)
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18 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......
  • Avanti Mining Inc. et al. v. Kitsault Resort Ltd. et al., 2010 BCSC 1181
    • 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......
  • Englehart v. Holt et al., [2014] B.C.T.C. Uned. 1969 (SC)
    • Canada
    • Supreme Court of British Columbia (Canada)
    • October 21, 2014
    ...to the land, this does not mean that rights of the grantee must take precedence over the rights of the grantor ( Gardiner v. Robinson , 2006 BCSC 1014 at para. 22). As stated by Justice Southin in Granfield v. Cowichan Valley (Regional District) (1996), 16 B.C.L.R. (3d) 382 (C.A.) at para. ......
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16 cases
  • Avanti Mining Inc. et al. v. Kitsault Resort Ltd. et al., 2010 BCSC 1181
    • 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......
  • Englehart v. Holt et al., [2014] B.C.T.C. Uned. 1969 (SC)
    • Canada
    • Supreme Court of British Columbia (Canada)
    • October 21, 2014
    ...to the land, this does not mean that rights of the grantee must take precedence over the rights of the grantor ( Gardiner v. Robinson , 2006 BCSC 1014 at para. 22). As stated by Justice Southin in Granfield v. Cowichan Valley (Regional District) (1996), 16 B.C.L.R. (3d) 382 (C.A.) at para. ......
  • TimberWest Forest Corp. v. 0768816 B.C. Ltd., 2020 BCSC 1184
    • Canada
    • Supreme Court of British Columbia (Canada)
    • August 12, 2020
    ...the gate, and the necessity of the plaintiffs unlocking it each time, as little more than a minor inconvenience. b) Gardiner v. Robinson, 2006 BCSC 1014 - The petitioners and respondents owned neighbouring properties. The most convenient way for the petitioners to access their property was ......
  • Henderson et al. v. Bakken, [2010] B.C.T.C. Uned. 559
    • Canada
    • Supreme Court of British Columbia (Canada)
    • April 26, 2010
    ...regulating fencing. [108] It is suggested that there is some contrary authority. [109] The defendant references Gardiner v. Robinson , 2006 BCSC 1014 where, in obiter dicta , the court held there was an obligation to fence property under the Trespass Act . The court did not consider the ext......
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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......

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