Is Section 36 of the B.C.A.A Code of Civil Procedure a legal basis for adjudication?
British Columbia, Canada
The following excerpt is from Henderson v. Porter, 2001 BCSC 1601 (CanLII):
Authority recognises Section 36 as, “a basis, on equitable grounds, for resolving disputes over encroachments.” Svenson v. Hokhold, [1993] B.C.J. No. 859 (BCCA).
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