NBC Holdings Ltd. v. Aarts Nursery Ltd.,

JurisdictionBritish Columbia
JudgeThe Honourable Chief Justice Bauman,The Honourable Madam Justice Dickson,The Honourable Mr. Justice Hunter
Neutral Citation2021 BCCA 7
Date12 January 2021
Docket NumberCA46585
CourtCourt of Appeal (British Columbia)
    • This document is available in original version only for vLex customers

      View this document and try vLex for 7 days
    • TRY VLEX
3 practice notes
  • Schriemer v. Harris,
    • Canada
    • Supreme Court of British Columbia (Canada)
    • July 30, 2021
    ...1259 at para. 16 (C.A.); Vandenberg v. Olson, 2010 BCCA 204 at paras. 27–33; NBC Holdings Ltd. v. Aarts Nursery, 2021 BCCA 7 at para. 54 [NBC iii.        Whether an easement is obsolete depends on the nature of the easement itself and......
  • 2023 BCSC 947,
    • Canada
    • January 1, 2023
    ...obsolete. 20 An easement cannot be obsolete in circumstances in which it has been in regular use: NBC Holdings Ltd. v. Aarts Nursery Ltd., 2021 BCCA 7 at para. 21 Even if Buildings 5 and 6 did exist at the time of the Agreement, I am unable to find that the Easement is obsolete: a) The 3.9%......
  • White v Deng,
    • Canada
    • Supreme Court of British Columbia (Canada)
    • June 5, 2023
    ...obsolete. 20 An easement cannot be obsolete in circumstances in which it has been in regular use: NBC Holdings Ltd. v. Aarts Nursery Ltd., 2021 BCCA 7 at para. 21 Even if Buildings 5 and 6 did exist at the time of the Agreement, I am unable to find that the Easement is obsolete: a) The 3.9%......
3 cases
  • Schriemer v. Harris,
    • Canada
    • Supreme Court of British Columbia (Canada)
    • July 30, 2021
    ...1259 at para. 16 (C.A.); Vandenberg v. Olson, 2010 BCCA 204 at paras. 27–33; NBC Holdings Ltd. v. Aarts Nursery, 2021 BCCA 7 at para. 54 [NBC iii.        Whether an easement is obsolete depends on the nature of the easement itself and......
  • 2023 BCSC 947,
    • Canada
    • January 1, 2023
    ...obsolete. 20 An easement cannot be obsolete in circumstances in which it has been in regular use: NBC Holdings Ltd. v. Aarts Nursery Ltd., 2021 BCCA 7 at para. 21 Even if Buildings 5 and 6 did exist at the time of the Agreement, I am unable to find that the Easement is obsolete: a) The 3.9%......
  • White v Deng,
    • Canada
    • Supreme Court of British Columbia (Canada)
    • June 5, 2023
    ...obsolete. 20 An easement cannot be obsolete in circumstances in which it has been in regular use: NBC Holdings Ltd. v. Aarts Nursery Ltd., 2021 BCCA 7 at para. 21 Even if Buildings 5 and 6 did exist at the time of the Agreement, I am unable to find that the Easement is obsolete: a) The 3.9%......

VLEX uses login cookies to provide you with a better browsing experience. If you click on 'Accept' or continue browsing this site we consider that you accept our cookie policy. ACCEPT