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Boundary dispute between ŃĐŸŃĐ”ĐŽĐœĐžĐ” property owners in Victoria: the court held the defendant bears the shortfall, admitted survey evidence, and granted a limited easement with compensation.
The court held that a long-standing rear-deck access arrangement supported a proprietary estoppel claim, granted reciprocal easements, and ordered an injunction and registration.
Court of Appeal upheld the boundary declaration and compensatory trespass damages, but set aside punitive damages after finding the fence dispute was resolved by survey evidence and settled possession.
The court held Island No. 2 was not proved to be part of Thomsonâs title, upheld the Eadiesâ earlier registered title, denied LTIA relief, and dismissed compensation claims.
The court granted rectification of a right of way and easement to include a paved turnaround, finding the instrument did not reflect the partiesâ intention and the purchasers lacked notice.
La Cour dâappel de la Colombie-Britannique a jugĂ© que lâart. 35 ne permettait pas Ă lâayant droit dominant dâĂ©tendre une servitude; le rectificatif a Ă©tĂ© renvoyĂ©.
The court held that promissory estoppel did not apply, but ordered Fraser Valleyâs mortgage to rank ahead of Householdâs on the basis of unjust enrichment.
The court dismissed an appeal from the registrarâs refusal to register a certificate of pending litigation based on aboriginal title, holding the claim was not registrable under the Land Title Act.
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