Supreme Court of Canada
Keystone Logging & Mercantile Co. v. Wilson, (1919) 59 S.C.R. 685
Date: 1919-02-07
Keystone Logging & Mercantile Co. v. Wilson.
1919: February 7.
Present: Sir Louis Davies C.J. and Idington, Anglin, Brodeur and Mignault JJ.
ON APPEAL FROM THE COURT OF APPEAL FOR BRITISH COLUMBIA.
Trespass—Damages—Cutting of timber—Licence.
APPEAL from the judgment of the Court of Appeal for British Columbia, allowing the appeal from the judgment of the trial court, and maintaining the respondent's, plaintiff's, action.
The respondent is the owner of certain lands on which are merchantable timber and brought action against the appellant for trespass to lands and the taking of timber and other trees, injury to the soil and destruction of boundary posts. The respondent pleaded leave and licence and did not dispute liability to make due compensation for trees taken and damage done; and he paid into court $600 to cover this compensation.
The trial court held that the offer was sufficient to cover the damages suffered by the respondent; but the Court of Appeal awarded to the respondent the sum of $1,860.
On the appeal to the Supreme Court of Canada, the court heard counsel for the appellant and, without calling upon counsel for the respondent, dismissed the appeal with costs.
Appeal dismissed with costs.
R. Cassidy K.C. for the appellant.
Eug. Lafleur K.C. for the respondent.
25 B.C. Rep. 569, at p. 573.
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