The applicants sought an interim injunction preventing the respondent neighbour from erecting a fence across a narrow lane between adjoining residential properties.
The applicants claimed a prescriptive easement over the lane, asserting continuous, open, and uninterrupted use for over 50 years to access the rear of their property.
Applying the test in RJR‑MacDonald Inc. v. Canada (Attorney General), the court found a serious issue to be tried regarding the alleged easement.
The court further held that blocking the only exterior access to the applicants’ backyard and water meter would constitute irreparable harm and pose potential safety risks.
The balance of convenience favoured preserving the status quo pending determination of the application.