What is the test for granting an easement to a residential tenement?

Ontario, Canada


The following excerpt is from Landry & Spleit v. Esbeit et al, 2022 ONSC 1726 (CanLII):

The plaintiffs also drew the court’s attention to paras. 58 and 59 which read as follows: 58 … There must be a connection between the easement and the normal enjoyment of the dominant tenement, as opposed to a personal right belonging to the dominant tenement owner: Depew v. Wilkes, supra at para. 20. Examples of uses that courts have found to be “reasonably necessary” usually involve a very practical purpose such as parking spaces or driveways. … 59 This is reinforced by the fact that in order to be capable of forming the subject matter of a grant (the third criterion listed above), easement rights must not be ones of mere recreation and amusement; the rights in issue must be of utility and benefit to the dominant tenement: …

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