How many minutes can a defendant delay access to a plaintiff's property?

Ontario, Canada


The following excerpt is from Vale Inco Ltd. v. Rae, 2009 CanLII 66387 (ON SC):

In the present circumstances, I do not agree with the defendants that I should specify a certain number of minutes during which the defendants may delay access to the plaintiff’s property. The defendants have no entitlement at law to delay ingress and egress “for a moment”: A.G. Canada v. Gillehan et al., Montgomery J., September 16, 1991, file # 91-CQ-4258. The parties are free to agree or not as to whether any person or vehicle will be delayed, on such terms as they may negotiate.

Other Questions


Can a dock and wharf installed on a neighbouring property prevent a property owner from accessing access to the lake? (Ontario, Canada)
What is the limitation period for a plaintiff's claim that the sale price of a property was below market value when it was originally agreed to be at the time of the Minutes of Settlement? (Ontario, Canada)
How has the court considered control and access to the area in question in determining whether the public had access and invited to use the area on the private property for parking purposes? (Ontario, Canada)
What is the test for determining whether a historical access road is an access road? (Ontario, Canada)
What is the effect of delay in returning a property to its owner? (Ontario, Canada)
Does a plaintiff have a legally tenable claim against the proposed defendant? (Ontario, Canada)
What is the test for a plaintiff to be certified as a plaintiff in a medical malpractice case? (Ontario, Canada)
In a medical malpractice case, is a plaintiff entitled to access his medical records and charts? (Ontario, Canada)
What is the test for a plaintiff to succeed in her claim against a defendant? (Ontario, Canada)
What is the effect of a delay in obtaining an order from the Human Rights Tribunal for a delay of more than a year? (Ontario, Canada)
X



Alexi white


"The most advanced legal research software ever built."

Trusted by top litigators from across North America.