Assignment Task
Reasons for Judgment of the Honourable Mr. Justice Willcock:
Introduction
[1] At issue on this appeal is the public’s right to access two lakes on the Douglas Lake Ranch, Minnie Lake and Stoney Lake, and the width of a public road across a section of Douglas Lake Ranch. The respondent Nicola Valley Fish and Game Club (“the Club”) seeks to uphold a judgment giving the public access to Minnie Lake, via a trail and a road, and access to Stoney Lake, via that road (referred to as “#281 Stoney Lake Road” or “the Road”). The appellant Douglas Lake Cattle Company (“DLCC”) says the lakes can only be accessed by crossing its lands and it can lawfully regulate, limit or preclude access to the lakes if it chooses to do so. The dispute between the parties initially involved broader issues, including: whether any portion of the Road is a public road; whether the fish in Minnie Lake and Stoney Lake, having largely been introduced by DLCC pursuant to an aquaculture program and confined within its property, should be considered to be the property of DLCC; and whether there is any public right to fish within the natural boundaries of the lakes. The judgment at trial, indexed at Douglas Lake Cattle Company v. Nicola Valley Fish and Game Club, 2018 BCSC 2167 (“RFJ”), resolved those issues; they are no longer in dispute. The Road is public, the fish in Minnie Lake and Stoney Lake are not the property of DLCC and, subject to applicable licensing requirements, the public can fish within the natural boundaries of the lakes if they can lawfully access the lakes.
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[2] At trial, the court concluded the Road, which runs from the northern boundary of DL 790 south to DL 791, where it turns and runs east along the north shore of Stoney Lake, is a public highway; a trail from the Road to its shoreline affords public access to Minnie Lake; and Stoney Lake is accessible from the Road. The judge found part of the Road was exempted from the Crown grants establishing the titlesto the properties eventually acquired by DLCC, and the remainder of the Road was a public highway because it had been maintained out of public funds. He found a trail was also exempted from the Crown grant or, in the alternative, became public by common law dedication. He awarded the Club special costs as a public interest litigant against both DLCC and the Province
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