The Respondents submit that to obtain relief, the Applicants must demonstrate that their use and enjoyment of the easement has been “substantially impaired”: see Weidelich v. de Koning, 2014 ONCA 736. They contend that the impairment of the deeded rights-of-way in this case is minimal because they have provided an improved portion of roadway that grants continued access to across all five lots. Nobody’s ingress or egress has been substantially impaired.
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