What is the test for impairment of a deeded right-of-way?

Ontario, Canada


The following excerpt is from de Jocas v. Moldow Enterprises Inc., 2018 ONSC 5715 (CanLII):

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.

Other Questions


What is the test for determining whether an impairment of an important function is a serious impairment? (Ontario, Canada)
What is the meaning of the term "impaired bodily function and serious permanent impairment of an important bodily function"? (Ontario, Canada)
What is the sentence for an impaired driver who pleaded guilty to impaired driving and dangerous driving causing bodily harm? (Ontario, Canada)
What is the appropriate sentence for an impaired driver convicted after trial of impaired driving causing bodily harm? (Ontario, Canada)
How has the trial judge considered the totality of evidence at trial for impaired driving? (Ontario, Canada)
What is the test for a plaintiff who sustained permanent impairment of a bodily function as a result of a motor vehicle accident? (Ontario, Canada)
What is the test for impairment in a motor vehicle accident? (Ontario, Canada)
What is the test for a serious impairment? (Ontario, Canada)
What is the standard of accommodation for a student with a visual impairment at a university? (Ontario, Canada)
How does a motorcyclist who was involved in a collision with another motor vehicle have to prove that the accident caused the impairment? (Ontario, Canada)
X



Alexi white


"The most advanced legal research software ever built."

Trusted by top litigators from across North America.