What is the test for an encroachment on a private right-of-way?

Ontario, Canada


The following excerpt is from Ma v. Abdullah, 2019 ONSC 6781 (CanLII):

As noted by Doherty J.A. in Weidelich v. De Koning, 2014 ONCA 736, at paras. 10 and 12, an encroachment on a private right-of-way is actionable “only where the encroachment substantially interferes with the dominant owner’s ability to use the right-of-way for a purpose identified in the grant.”

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