In what circumstances will a court grant an easement to a property where the easement is not in place?

Ontario, Canada


The following excerpt is from Barbour v. Bailey, 2016 ONCA 98 (CanLII):

In Henderson v. Volk, at p. 384, this court warned against granting an easement in the absence of clear evidence of both continuous use and acquiescence in such use by the owner.

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