Because the respondents raised, for the first time, the allegation that their access to the well which provides their homes with water will be threatened by the subdivision of Lot 287 to conform to the sketch plan, I am of the view that the respondents should be given liberty to raise the issue of proprietary estoppel as to the existence of an easement connecting the two lots to the water supply on Lot 287 in accordance with the principles enunciated in McKinnon v. Canada (Attorney General), 2002 BCSC 1053.
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