It's a public road, not a driveway, B.C. judge rules
A section of a gravel and dirt roadway in Pouce Coupe does meet the definition of a public highway under section 42 of the Transportation Act, according to a B.C. Supreme Court ruling.
The roadway became a subject of contention in a civil lawsuit between the province and South Peace residents Curtis and Deanne Querin, who own a quarter section at the eastern outskirts of Pouce Coupe, with the Querins purchasing their property in 1991.
In the suit, the Querins claimed the roadway was part of their driveway, despite allowing access by the public, mainly their neighbours Dale and Barbara Callahan, who purchased a property next door in 1995.
Justice F. Matthew Kirchner explained that maintenance on the roadway dates back to the 1980s, with testimony provided by former maintenance contractors for the Ministry of Transportation detailing work on the roadway.
Further testimony also noted that the roadway had been accessed by the public in the 1960s and 1970s. A roadway is a considered a public highway if it is a “travelled road” and the province has expended public money on maintenance.
Kirchner noted the Callahans have largely been the main public travellers in the past 20 years, outside of a few other members of the public, but enough to satisfy the province's claims.
The dispute first arose in 2015, but came to a head in 2017, after the Querins learned the Callahans were planning to subdivide their property to create a separate lot and wanted to use the roadway for access.
Upset with the idea of increased public traffic, Curtis Querin attempted to assert ownership over the roadway by posting “Keep Out” and “Private Drive” signs on the roadway, but did not initially stop the Callahans from using it.
In 2017, Curtis Querin escalated the matter by placing concrete blocks across his own driveway and the Callahans' driveway, which blocked the Callahans from entering their own property.
This was a major concern for the Callahans, as Barbara Callahan has an aortic root aneurism which requires regular medical attention, and she was prevented from attending a medical specialist appointment on the day the blocks were installed.
Curtis Querin also installed a locked gate near the east end of the roadway, and claimed he did it because road contractors were turning their trucks and machinery around in a lay-down area on a northeast part of his property.
The Callahans then asked the RCMP and the Ministry to clear the road, but RCMP said the matter was a civil dispute and refused to get involved.
On January 26, 2018, Barbara Callahan wrote to David Eby, then the Attorney General, asking for assistance. Not long after, ministry representatives and contractors removed the blocks and the gate from the roadway.
An injunction was put in place by the province to keep the road clear, until the matter was settled in court.
The province had sought damages against the Querins for the cost of removing the gate and blocks in the amount of $4,727.25, but the ask was dismissed by Kirchner.
CTVNews.ca Top Stories
Prime minister faces mounting pressure to step aside from inside caucus
Prime Minister Justin Trudeau will face mounting pressure from his caucus this week to step down from the leadership of the Liberal party.
Bloc won't hold Liberals 'hostage' over seniors' benefits: cabinet minister
Liberal cabinet minister Steven Guilbeault says the Liberals will not be 'held hostage' by the Bloc Quebecois' demand to expand Old Age Security to more seniors.
What's open and closed this Thanksgiving in Canada
Thanksgiving Day is a federal statutory holiday in Canada, and falls on Monday, Oct. 14 this year. Here's what to know about what is open this Monday.
Suspect threw coffee at woman’s vehicle then shot at her windshield: police
Police are looking for a suspect who allegedly threw a coffee at a woman’s vehicle and then shot at her windshield following some sort of dispute that began at a Tim Hortons in Pickering on Friday morning.
Ex-principal of Ontario Christian school charged with sex assault
The former principal of a Christian school in Ontario's Niagara Region has been arrested and charged with sexual assault.
Government spending on flights for Canadians fleeing the Middle East unpopular, Nanos survey finds
Amid escalating violence in the Middle East, a majority of surveyed Canadians say they don't believe the costs associated with Canadians fleeing the region should be funded solely by the government.
Children and adults transported to a Pennsylvania hospital after ingesting 'toxic mushrooms'
Children and adults were transported to a hospital in Pennsylvania Friday night after being sickened by mushrooms, authorities said.
As Hezbollah and Israel battle on the border, Lebanon's army watches from the sidelines
Since Israel launched its ground invasion of Lebanon, Israeli forces and Hezbollah militants have clashed along the border while the Lebanese army has largely stood on the sidelines.
Parents across GTA warned by some private daycares that they may pull out of $10-a-day program
Parents at some private, for-profit daycares across the GTA are being warned that their fees could soon be doubling as operators consider pulling out of the national $10-a-day child-care program.