What is the test for determining whether a tenant of a tenement has a right to access the property by way of way?

Nova Scotia, Canada


The following excerpt is from B.O.J. Properties Ltd. v. Allen's Mobile Home Park Ltd., 1979 CanLII 2583 (NS CA):

The trial Judge based his reasoning on a statement of Sedgewick, J., in Stephens v. Gordon (1893), 1893 CanLII 4 (SCC), 22 S.C.R. 61 at p. 99, that where no way is specified the grantor may assign a way but it must be reasonable, otherwise: . . . the grantee may select a way, a way that is "most direct and convenient", for himself, but one, the use of which will not unreasonably interfere with the grantor in the enjoyment of his rights upon the servient tenement.

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