THE ADVOCATE 705
VOL. 78 PART 5 SEPTEMBER 2020
approval by Jacobs J in Bevelon Investments Pty Ltd v
City of Melbourne (1976), 12 ALR 391 (HCA).
14. See Charles Harpum, Stuart Bridge & Martin Dixon,
Megarry & Wade: The Law of Real Property, 8th ed
(London: Sweet & Maxwell, 2012) at 1103, s 23–001
(“if a building is erected on land … then … the building
… will become the property of the owner of the
land, unless otherwise granted or conveyed”) (due to
COVID-19, most libraries were closed when this article
was written and the author could not access the
equivalent page in the 2019 9th edition).
15. Haanen, supra note 7 at 427–28. See also Walker v
Clough Property Claremont Pty Ltd, 2010 WASCA
232 at para 22.
16. RSBC 1996, c 250 LTA.
17. RSBC 1996, c 238.
18. The same principle of statutory interpretation would
apply under common law: Re Lehrer and the Real
Property Act, 1961 NSW St R 365 at 371 (SC).
19. Bank of Canada v Gratton (1987), 18 BCLR (2d) 138
(CA), applied in Daryl-Evans Mechanical Ltd v Director
of Employment Standards (BC), 2002 BCSC 48 at
20. Supra note 13 at 91–92.
21. Gill v Bucholtz, 2009 BCCA 137 at para 18.
22. RSBC 1996, c 252 LTFA.
23. (1991), 60 BCLR (2d) 378 (SC), followed in Allen v
British Columbia, 1994 CanLII 3136 (BCSC) and
Fording Coal Ltd v British Columbia (1996), 22 BCLR
(3d) 178 (CA). It was also followed in obiter in Millennium
Southeast False Creek Properties Ltd v British
Columbia, 2010 BCSC 1156, appeal dismissed on
another point 2011 BCCA 206. The writer was counsel
for the taxpayer in Millennium.
24. Supra note 5.
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