What is the test for a right to continue flow of water in a defined channel?
Ontario, Canada
The following excerpt is from Donnelly et al v. Guyconhud Inc. et al, 2022 ONSC 1774 (CanLII):
The footnote to that comment cited Epstein v. Reymes, 1972 CanLII 20 (SCC), [1973] S.C.R. 85, where water had been artificially diverted to the respondent’s land in a defined channel, for a period exceeding forty years. That gave rise to a right in the respondent to a continued flow of the water.
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