Does a court have power to modify an easement where one of the preconditions set out in s. 35(2) is met?

British Columbia, Canada


The following excerpt is from Watley v. Livingstone, 2015 BCSC 1940 (CanLII):

Grenier v. Elliott, 2007 BCSC 598, establishes at para. 41 that once one of the preconditions set out in s. 35(2) are met, the court’s power to modify the easement is discretionary.

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