File Photo (Image Credit: CFJC Today / Chad Klassen)

By James Peters

Public Lake Access

Douglas Lake Ranch owner wins appeal restricting public access to Merritt-area lakes

Mar 5, 2021 | 10:40 AM

MERRITT, B.C. — The Douglas Lake Cattle Company, owner of the Douglas Lake Ranch, has successfully appealed a court decision allowing public access to Minnie and Stoney Lakes near Merritt.

In 2018, Justice Joel Groves ruled in favour of the Nicola Valley Fish and Game Club, which was suing for the right to access the lakes. While Douglas Lake owns the land surrounding the bodies of water, Groves ruled that the company could not restrict the public from traversing its property to get to the lakes.

The company, which is owned by multi-billionaire Stan Kroenke, appealed the decision. Hearings took place in November, 2020.

In a decision published Friday (Mar. 5), the three-member B.C. Court of Appeal panel overturned Groves’ ruling.

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The decision, written by Justice Peter Willcock, says Groves’ decision leaned more toward advocacy than interpreting Canadian law.

“The trial judge… added his voice to the chorus of those seeking to limit the rights of private property owners,” Willcock wrote. “In doing so, he was not describing the law but advocating for a right of public access to lakes on private land.”

Willcock concluded the club and its members do not have a right to cross Douglas Lake Ranch property to access the lakes.

While Groves had awarded costs to the club, Willcock ruled both the club and the company should pay their own costs.

Read the full decision here.