What is the test for open enjoyment and continuous use of an electronic cigarette?
Ontario, Canada
The following excerpt is from Relaxmuskoka v. 2052219 Ontario Inc., 2017 ONSC 5131 (CanLII):
The onus of demonstrating open enjoyment and continuous use is on the party seeking to rely on the s. 113(5)(a)(iv) exception. (See Gold v. Chronas, supra at para. 89 and 90)
I find that s. 113(5)(a)(iv) of the Registry Act can apply to protect a dominant tenement holder’s right to use a right of way that was once registered on the servient tenement but the registration of which was not validly renewed within 40 years after its creation. (Gold v. Chronas, supra at para. 68).
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