How have the courts interpreted Lafontaine #1/1/2?
British Columbia, Canada
The following excerpt is from Lafontaine v. University of British Columbia, 2018 BCCA 307 (CanLII):
Reviewing Lafontaine #1, I see no error in the judge’s approach or the conclusions he reached in interpreting the easement. While some of the principles the judge deployed (e.g., those from Sherbinin v. Jackson, 2011 BCSC 74) were drawn from pre-Sattva jurisprudence, the considerations that informed the judge’s analysis remain appropriate at law.
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