Is a legal corner post moved part way through the locating of a claim?

British Columbia, Canada


The following excerpt is from Bond v. Dupras, 1995 CanLII 3051 (BC SC):

17 I am also of the opinion that the moving of a legal corner post part way through the locating of a claim is not such a minor departure from the requirements of the regulations that it meets the "irreducible minimum" test established in Docksteader v. Clark [1903] 11 B.C.R. 37 (S.C.B.C. Full Court) and sustained at [1905] S.C.R. 622 and in many cases since then. There was nothing in the local circumstances that made it impossible, or even difficult, for the locating to have been recommenced once the legal corner post was moved.

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