1043 Bloor Inc. v. 1714104 Ontario Inc.

1043 Bloor Inc. v. 1714104 Ontario Inc.

The 1987 incident (the proffering of a right-of-way agreement and attendant conduct) constituted an acknowledgment or demonstrated contested use inconsistent with using the lane 'as of right', thereby interrupting the prescriptive period so that the requisite 20 years did not run prior to the property's migration into the Land Titles system; appeal dismissed.

Citation
2013 ONCA 91
Parties
Plaintiff (appellant): 1043 Bloor Inc.; Defendant (respondent): 1714104 Ontario Inc.
Court
Court of Appeal for Ontario
Jurisdiction
Canada
Judgment Date
14 February 2013
Procedural Posture
Civil Appeal (property/easement) / Appeal From Superior Court Judgment to Court of Appeal
Outcome
Appeal dismissed
Legal Topics
Prescriptive Easement, Lost Modern Grant, Interruption of Prescriptive Period, Acquiescence, Permission Vs. as of Right
Source Language
English
Property Law Easements Real Property Civil Procedure Land Titles Prescriptive Easement Lost Modern Grant Interruption of Prescriptive Period +2 more

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Parties

1043 Bloor Inc.

Plaintiff (appellant)

1714104 Ontario Inc.

Defendant (respondent)

Procedural Posture

Civil Appeal (property/easement) / Appeal From Superior Court Judgment to Court of Appeal

Legal Issues

  1. 1 Whether a single act can interrupt the prescriptive period
  2. 2 Whether the February 1987 incident interrupted the 20-year prescriptive period
  3. 3 Whether proffering an agreement or subsequent conduct constituted acknowledgement inconsistent with use 'as of right'

Ratio Decidendi

The 1987 incident (the proffering of a right-of-way agreement and attendant conduct) constituted an acknowledgment or demonstrated contested use inconsistent with using the lane 'as of right', thereby interrupting the prescriptive period so that the requisite 20 years did not run prior to the property's migration into the Land Titles system; appeal dismissed.

Court Disposition

Appeal dismissed

Orders

  • Appeal dismissed
  • Costs awarded to respondent in the agreed amount of $16,000, all inclusive