Sign in
Canada Source-linked decisions Coverage checked

Canada Case Law

Search judgments by proposition, citation, court, judge or legal topic, then move directly into the source-grounded case analysis.

Courts on this page
4 court collections
Last checked

Canada decisions

Decisions matching the current search

Clear filters
Real property 2014 NSSC 211

Shea v. Bowser

The court declared that the express right-of-way granted to the Sheas in the 1971 deeds is located along the present roadway depicted in the 2003 aerial photograph running from Ostrea Lake Road to the Old Main Road (subject to minor diversion to avoid encroachment), fixed its width at 8 feet, held that the Sheas are responsible for any surveying and registration costs to delineate the right-of-way, and ordered respondent Mrs. Bowser to pay 50% of the applicants' expert fees ($3,458.62) while otherwise each party bears their own costs.

  • Right-of-way
  • Express grant
  • Location determination
  • Survey evidence
  • Costs allocation
  • Registration
Read case analysis
Property law 2008 ONCA 857

Da Silva v. Martino

Even if use of the full laneway were established, it only provided an alternative second means of access and therefore did not meet the threshold of reasonable necessity for the better enjoyment of the appellant's property; appeal dismissed.

  • Easement by prescription
  • Necessity
  • Costs
Read case analysis
Property law 2007 BCSC 1799

Mundy v. Green

The court confirmed a consent easement over the encroachment, set compensation at $4,800, required payment for the easement plan review, and awarded the plaintiff Scale B costs.

  • Easement creation
  • Trespass
  • Compensation/quantum
  • Costs awards
  • Settlement offers
  • Easement
Read case analysis
Real property 2004 BCSC 718

Tonks v. Terasen Gas Inc.

Summary trial over an easement dispute: the court refused declarations requiring pipeline upgrades for industrial use, interpreted the easement against the plaintiff, and dismissed nuisance claims.

  • Easement interpretation
  • Contractual interpretation
  • Practicability
  • Extrinsic evidence
  • Declaratory relief
  • Summary trial limitations
Read case analysis
Property law 1999 BCCA 143

Barrow v. Landry

The Court of Appeal dismissed an appeal from an easement order over a minor retaining-wall encroachment, and declined to consider new allegations raised for the first time on appeal.

  • Encroachment
  • S.36 property law act easement
  • Boundary dispute
  • Raising new issues on appeal
  • Costs
  • Easement
Read case analysis

About this LexChat collection

Canada decisions are organised by court, judge, legal area and indexed issue so a practitioner can move from a proposition to a citable authority with the surrounding context intact.