What historical use and circumstances surrounding the use of a property subject to an easement?
Ontario, Canada
The following excerpt is from Brunet v. Michie, 2021 ONSC 6437 (CanLII):
As a general principle, where the words in the grant of a right of way are unclear, the historic use and circumstances surrounding the use of the property subject to the easement will help to inform the nature and extent of the rights granted: Markowski v. Verhey, 2020 ONCA 472, at para. 32.
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