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


What is the test for a motion of no evidence in a personal injury action brought by a plaintiff who was injured on a Defendant homeowner's property? (British Columbia, 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)
Is there anything unfair or unjust in denying a plaintiff a beneficial interest in a Defendant's property? (British Columbia, Canada)
Does a delay of one year delay in a career as a pilot affect a plaintiff's career prospects as a lawyer? (British Columbia, Canada)
What decisions have been made in relation to the Health and Safety Executive's determination that contaminated soil on a plaintiff's property is a contaminated site? (British Columbia, Canada)
Is there any case law where a defendant's cattle damaged a plaintiff's canola crop? (Saskatchewan, Canada)
What is the test for determining whether a defendant's negligence contributed to a plaintiff's injuries? (British Columbia, Canada)
How have the courts in England and Wales dealt with a Defendant's counterclaim against a Plaintiff's demand for payment? (Ontario, Canada)
Does a defendant thresher's failure to threshing the whole of plaintiff's crop deprive them of their right to be paid for what they threshed? (Saskatchewan, Canada)
What is the effect of a defendant's alarm system on a plaintiff's safe? (British Columbia, Canada)