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The court found the defendants in contempt of an interim order after they allowed vehicles to be parked on an easement, hindering the plaintiffs’ access.
The court granted an interlocutory injunction in a Bowen Island easement dispute, barring use of disputed access points for construction pending trial.
The deed and registered plan established a 15-foot right of way in favour of the applicant's lot; the grant contained no limitation on vehicular or construction access and historical use included heavy equipment, so the easement includes vehicular and reasonable heavy equipment access; recurrent parking by the respondent(s) amounted to a substantial interference with the applicant's use because it unilaterally altered the right of way and posed practical and safety concerns, warranting a declaration and injunctive relief.
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The Court held the express reciprocal easements granting "vehicular and pedestrian access and egress" do not include a proprietary right to stationary parking; parking arrangements between the parties were contractual and established through the Site Plan Agreement, Tripartite Agreement and municipal planning process, and ancillary parking rights could not be implied because they were not strictly necessary to the enjoyment of the easement; neither an easement of necessity nor proprietary estoppel established a proprietary parking right; the application was properly decided on the easement in…
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The court held that locked gates on a statutory right of way substantially interfered with TimberWest’s access and ordered 076 to keep them open as needed.
The court interpreted a registered easement over Lot 4, found a dwelling substantially encroached on the right of way, and ordered removal by December 1, 2019.
The Court of Appeal upheld rectification of an easement for a public wharf, rejected a broad public-access reading, disallowed parking outside the easement, and set aside damages.
The court held that the easements extended to the foreshore, but modified the formal order because it overstated the rights conferred by a right of way.
Summary trial on the scope of a 1975 easement for water works: the court allowed modernization and subsurface installation, but barred use to benefit non-subject lands.
Post-trial costs decision awarding the plaintiff costs at Scale B. The court declined Scale C and refused a multiplier under Appendix B s. 2(5).
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