Can a tenant of a servient tenement park vehicles on a driveway that is not a right of way?

Ontario, Canada


The following excerpt is from Leroux v. Casselman (Village), 2011 ONSC 4070 (CanLII):

I agree with this view. In Riis v. Wallman, [1987] O.J. No. 1726, the question was whether the owner of a Servient Tenement could park vehicles on the driveway which was subject to a right of way. The owner was prepared to give an undertaking to remove such vehicles at the request of the owner of the right of way. The court held that requiring the owner of the right of way to attend at the owners to make the request would be a substantial interference with the reasonable use of the right of way.

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