Supreme Court judge dismisses trespass, nuisance case against energy company

WONOWON, B.C. — A BC Supreme Court judge found that five landowners successfully established their property interest and proved Canadian Natural Resources Ltd (CNRL) committed trespass and nuisance. 

But, CNRL succeeded in having their action dismissed. 

Justice Matthew Kirchner said in a June 16th ruling that CNRL did not have the right to place culverts on part of Mile 98 Road, east of the Alaska Highway, near Wonowon. 

Plaintiffs Daniel Raymond Rose Jr., Marcel Raymond Rose, Nicole Suzanne Rose, Megan Elizabeth Lamb and Candace Sarah Rainey also claimed CNRL vehicles were driven at excessive speeds and covered their property with dust. 

“I find the plaintiffs have established a trespass and nuisance with respect to the placement of culverts on Mile 98 Road and the resulting diversion of water onto the plaintiffs’ property,” Kirchner ruled.

“However, the plaintiffs have not established any other nuisance and they have not led evidence to support the damages sought in the notice of civil claim.”

The plaintiffs unsuccessfully argued their claim should go to trial, but Kirchner said they did not prove a quantifiable loss. 

“For that reason, they have not established a right to the relief sought in the notice of civil claim and the action must be dismissed,” the judge decided.