The next case is Weisner v. Blades, [1985] B.C.J. No. 182 (S.C.), a decision of Madam Justice McLachlin (as she then was). The easement gave a right of access to a land lot, and the issue was whether the owner of the dominant tenement was also entitled to access to an adjoining foreshore lot. Madam Justice McLachlin rejected the defendant’s argument that she was entitled to an equitable easement for access to the foreshore lot because equitable easements do not fall within any of the specified exceptions of s. 29.
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