Does a cottage owner who only uses the right of way only on a few times a year, only for a seasonal basis, and only for the seasonal use of the property, have it been deemed continuous use?

Ontario, Canada


The following excerpt is from Balogh v. R.C. Yantha Electric Ltd, 2019 ONSC 6748 (CanLII):

Using a right of way only a few times a year and only on a seasonal basis does not necessarily result in a finding that the use is not continuous for purposes of establishing a right of way. The acts necessary to establish continuous use depend on the type of property. For some types of property, such as a cottage property, as in this case, seasonal and weekend use is consistent with the type of continuous use an owner would make of the property, and the use therefore satisfies the criterion of continuous use: Barbour v. Bailey, 2016 ONCA 98, 345 O.A.C. 311, at para. 83.

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