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The court denied conversion of a petition to an action and refused cross-examination, finding the claimed implied easement unnecessary and the record sufficient.
Motion for a stay pending appeal granted in a boundary and encroachment dispute, preserving the status quo while the real property appeal proceeds.
The court awarded compensation for a driveway encroachment, including survey, appraisal, wall, legal, loss of value, and loss of use costs, and granted an easement on payment.
The court granted an easement for a longstanding deck and carport encroachment, refused removal, and set compensation at $19,429, with limited leave regarding a hydro meter.
The application judge did not commit a palpable and overriding error: the approved 1998 drawings and subsequent occupancy certificate did not constitute express (or provably tacit) municipal approval of the encroachments, the onus to have identified and clarified the encroachments rested on the original proponent and architects, and therefore an encroachment agreement is required; the Court of Appeal dismissed the appeal and upheld that conclusion.
Source excerpt
The court enforced a right-of-way easement, ordered removal of a fence and gate that substantially interfered with northern access, and declared an encroachment easement for existing structures.
The court dismissed the plaintiffs’ property and estoppel claims over a fire pit and shed overhang, but awarded $750 in nuisance damages for repeated nighttime conduct.
The court set compensation for a remedial easement at $18,000, finding the petitioners gained a significant permanent benefit from preserving the cabin footprint.
The court dismissed a petition for possession, finding tenant renovations without permits and a resulting encroachment were serious but not a fundamental breach or a breach of a true condition.
The court declined to order removal of a hotel encroachment, preferred a vesting order, awarded $60,000 compensation and $2,500 trespass damages, and dismissed punitive damages.
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