Following consultation with counsel, the University of British Columbia has issued a response to the May 31 decision by the Supreme Court of BC regarding status of an easement along the southwest boundary of the Okanagan campus. The owners of four out of 12 properties along Curtis Road had petitioned the Supreme Court to cancel or modify the easement agreement.
“UBC is very pleased that the Supreme Court of British Columbia has confirmed that the access easement will remain and that UBC’s employees, students, and invitees may continue to use Curtis Road for access to and from a portion of the campus,” says Hubert Lai, UBC Counsel.
“UBC is pleased that the access easement remains as it provides a much safer walking and cycling path and provides UBC an opportunity for ‘greener’ means of access,” says Lai.
UBC is still reviewing the Supreme Court’s decision regarding certain limitations that the Court has imposed regarding those accessing the campus by way of the easement road.
Lai also notes that the Court rejected the petitioners’ claim for damages, and left intact an earlier Supreme Court decision that the attempt by certain Curtis Road residents to restrict access to the easement by constructing a gate across the road was improper.
Throughout its seven-year tenure on the campus, UBC has consistently maintained its willingness to sit down with the residents of Curtis Road to discuss usage of the easement road and has paid for its share of maintenance to the road when asked by the residents to do so.
“UBC continues to be willing to cooperate with the residents of Curtis Road,” says Lai.
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