Sample Case Brief for Minor v. Van Ewyk, 2008 BCSC 558 Parties Plaintiff: Christa Minor Defendants: Juliet and Cornelius Van Ewyk, Diane Eleanor Bojechko Remedy Sought A declaration that P is entitled to restrict Ds from using the beach (“foreshore”) of the lake in front of his property. Facts The Scholzes owned property on Christina Lake. They subdivided the property into three lots (“A”, “B”, and “C”). Lot A borders the foreshore. Lots B and C do not. P owns Lot A. Ds own lots B and C, respectively. A three-metre wide easement was registered in the Land Title Office over lot A in favour of lots B and C. It gives the owners of lots B and C access over lot A to the foreshore of the lake. The Provincial Crown owns the foreshore. It has not restricted the public’s right to use it. P says Scholzes only intended to allow owners of lots B and C to use a three-metre strip of the foreshore at the end of the easement. The rest of the foreshore was to be kept for the exclusive use of lot A’s owners. Issue Can P restrict Ds’ access and use of the foreshore to the three-metre strip at the end of the easement or at all? Argument P argues that: a) the access from lots B and C is restricted by the terms of the easement to the three-metre strip; and b) Ds’ use of the foreshore interferes with the P’s riparian right of access to the lake. Reasoning/Analysis The easement doesn’t by its wording restrict Ds’ access to the foreshore. P’s affidavit as to Scholzes’ intentions is hearsay and inadmissible. The terms of the easement are unambiguous and parole evidence is inadmissible to interpret the easement. P is a riparian right owner. Riparian owners and the public have a right to use the foreshore to access the lake for recreational purposes. The Ds recreational use of the foreshore does not interfere with these rights. Decision/Finding P’s application is dismissed with costs. Ratio If land borders on a body of fresh water, the owner has riparian rights to access the foreshore. A riparian owner has no right to restrict others from using the foreshore in a way that does not interfere with the owner’s rights. Word Count: 384