Saturday, July 19, 2014

Excerpts from the Cosens Bay Road lawsuit!

Further to my earlier blog here a couple excerpts regarding road width as contemplated by the Judge and the final Decision.

1. Exercise of powers under s.8 of the Highway Act, supra

LVI.            With respect to the exercise of ministerial powers, the 1911 statute provided:

    8.    It shall be lawful for the Minister, in his absolute discretion, to make public highways of any width not exceeding sixty-six feet, and to vary and alter any existing roads, and to declare the same by a notice in the Gazette, setting forth the direction and extent of such highway; and for such purpose, by himself, his agents, servants, and workmen, without any notice to and without any consent on the part of any person owning or occupying the land, or having or claiming any estate, right, title, or interest therein, to enter upon, set out, ascertain, and take possession of any private roads and any lands in the Province, and any timber thereon; and also in the like discretion to enter upon any land for the purpose of cutting any drains that may be thought necessary, with power to take any gravel, timber, stone, and other materials required for the construction of any highway or bridge.


CIII.     For the stated reasons, I declare that Cosens Bay Road, travelled by the public from the turn of the century, is a public highway.

CIV.    The plaintiffs are entitled to their costs.

Vancouver, B.C., May 16, 1996                    "Collver, J."
Note that there is no specifications as to the width or quality of the "public highway" except for the reference of "not exceeding sixty-six feet" (20 meters).

The current effort by Highways to increase the excluded width to 30 meters (98.4 feet) is their own initiative.

Drivers are supposed to drive at a safe speed according to road conditions.

1 comment:

Anonymous said...

Funny how despite the "dangers" of the road, development and purchases have exponentially increased. Not once, in all my years in the park have I heard of a human casualty on the road.

I did unfortunately have to call the conservation officers to euthanize a buck with a broken leg who had been hit by a car. He was standing off shore trying to fend off coyotes. Who knows how often creatures are hit and go off to die?

A Coldstream couple, commenting on this issue re the Morning Star story said that money would be more appropriately spendtto make Aberdeen speedway safe for our children. I shudder every time I see a young equestrian smoked by speeding traffic.

Funny too, how those who have created the wound believe they have the salve to heal it:

Coldstream Ratepayers News! All Coldstream residents are ratepayers!

The opinions expressed by "Coldstreamer" are strictly his own and do not represent the opinions of Coldstream Council!

Because I value your thoughtful opinions, I encourage you to add a comment to this discussion. Don't be offended if I edit your comments for clarity or to keep out questionable matters, however, and I may even delete off-topic comments.

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I have been a resident of Coldstream since 1976. I have had 15 years of experience on Council, 3 years as Mayor. As a current Councillor I am working to achieve fair water and sewer rates and to ensure that taxpayers get fair treatment. The current direction regarding water supply is unsustainable and I am doing all I can to get the most cost effective water supply possible.