What is the test for rectifying a registered easement where the actual alignment of the right of way does not conform to the right-way?

British Columbia, Canada


The following excerpt is from White v. Fisher-Banville, 2003 BCSC 606 (CanLII):

McQuiggan v. Sharp, [1984] B.C.J. No. 1054 (S.C.).,cited by Chief Justice Finch at paragraph 30, is an example of rectification of a registered easement where the actual alignment of a road on the ground did not conform to the right of way.

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