NB Power and Bell Aliant brought an application before the New Brunswick Court of Queen's Bench asking the Court to interpret a Right of Way Agreement after a family in Fredricton denied access to their property for utility work. Beginning in May 2011, various employees of the two utility companies attempted to access a right of way on the property. The utilities said they have a right to enter the property, and to remove trees and brush within a distance of five feet of their lines. They said they have these rights under the Agreement and under s.84 of the Electricity Act.
In response to the application, the Fredricton family suggested that a trial was necessary to determine the issues, saying that there were "materials issues in dispute". However, the Court disagreed. It found that the language of the Right of Way Agreement is unambiguous and grants the rights of access being denied by the property owner and her son. Also, the Court found that the rights in the Electricity Act are even broader.
The Court concluded that it could decide the case as an application and ruled in favour of the utilities. It granted an injunction restraining the respondents from preventing access to their property.
Read the decision at: NB Power et al. v. Kinsella.