Sauer v. 648657 B.C. Ltd., 2019 BCSC 43

JurisdictionBritish Columbia
JudgeG.C. Weatherill
Citation2019 BCSC 43
Date15 January 2019
CourtSupreme Court of British Columbia (Canada)
Docket NumberS-182081
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3 practice notes
  • Zelinski v Zelinski,
    • Canada
    • Court of Appeal (Saskatchewan)
    • December 16, 2021
    ...question of whether an equitable easement could have been found to exist notwithstanding the foreclosure, as in Sauer v 648657 B.C. Ltd, 2019 BCSC 43 [Sauer]. Nor does it deal with the possibility that there was an implied easement of the kind found to exist in Bruce v Dixon, [1957] OJ No 5......
  • 1249645 B.C. Ltd. v. 1057600 B.C. Ltd.,
    • Canada
    • Supreme Court of British Columbia (Canada)
    • August 18, 2022
    ...to a grant of subdivided land, which is not the case here: see, generally, Roop v. Hofmeyr, 2016 BCCA 310, and Sauer v. 648657 B.C. Ltd, 2019 BCSC 43. DISPOSITION [18]       For these reasons, I hereby order that both the easement and the easement modification ......
  • Chua v. Jassal, 2019 BCSC 1686
    • Canada
    • Supreme Court of British Columbia (Canada)
    • August 27, 2019
    ...issue is whether such an order would be equitable, taking into account the balance of convenience. See Sauer v. 648657 B.C. Ltd., 2019 BCSC 43, at paras. [29] Given my findings earlier in these reasons, it would be inequitable to grant the Plaintiffs relief under s. 36 of the statute. Assum......
3 cases
  • Zelinski v Zelinski,
    • Canada
    • Court of Appeal (Saskatchewan)
    • December 16, 2021
    ...question of whether an equitable easement could have been found to exist notwithstanding the foreclosure, as in Sauer v 648657 B.C. Ltd, 2019 BCSC 43 [Sauer]. Nor does it deal with the possibility that there was an implied easement of the kind found to exist in Bruce v Dixon, [1957] OJ No 5......
  • 1249645 B.C. Ltd. v. 1057600 B.C. Ltd.,
    • Canada
    • Supreme Court of British Columbia (Canada)
    • August 18, 2022
    ...to a grant of subdivided land, which is not the case here: see, generally, Roop v. Hofmeyr, 2016 BCCA 310, and Sauer v. 648657 B.C. Ltd, 2019 BCSC 43. DISPOSITION [18]       For these reasons, I hereby order that both the easement and the easement modification ......
  • Chua v. Jassal, 2019 BCSC 1686
    • Canada
    • Supreme Court of British Columbia (Canada)
    • August 27, 2019
    ...issue is whether such an order would be equitable, taking into account the balance of convenience. See Sauer v. 648657 B.C. Ltd., 2019 BCSC 43, at paras. [29] Given my findings earlier in these reasons, it would be inequitable to grant the Plaintiffs relief under s. 36 of the statute. Assum......

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