Water - Access/Navigation Flashcards
1
Q
North Saanich v Murray
A
RR include access, right to cross foreshore, mooring, but not construction.
2
Q
Welsh v Marantette
A
D’s owned a widened creek. P’s land adjoined this. P claims right of navigation down channel. They have a right to access, but only if it’s useful as a public highway in natural state. Here, they only have rights to access, not navigation
3
Q
Rights to navigation
A
Only exist if the channel has the characteristics of a public highway. It must be capable in natural state for use by public transport/commerce between 2 public places. **channel can sometimes be non-navigable, but has to have some element of predicability to it
