Is a plaintiff's conduct in seeking approval from the Board of Directors for the infringement of its riparian rights in relation to a wharf facility?
British Columbia, Canada
The following excerpt is from Arbutus Bay Estates Ltd. v. Canada (Attorney General), 2016 BCSC 2083 (CanLII):
The plaintiff asserts the defendants’ conduct in seeking its approval for the infringement of its riparian rights is evidence that the defendants recognized the registered easement did not allow the ongoing operation of the wharf facility. However, as stated in Robinson v. Pipito, 2014 BCCA 200 (CanLII) at para. 20, conduct of the parties is not determinative:
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