What are the arguments in support of Counsel's second argument in the context of a right of way?
Ontario, Canada
The following excerpt is from Weidelich v. de Koning, 2014 ONCA 736 (CanLII):
Counsel’s second argument rests on Middleton J.’s reasoning, at p. 237 in Devaney v. McNab. His Lordship commented: Where the thing that is complained of is the erection of a substantial and permanent structure upon the land over which the grantor has already given a right of way, it appears to me to be almost impossible to say that there is not a real and substantial interference with the right conveyed.
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