The appellants appealed a trial judgment declaring that the respondents were entitled to a prescriptive easement for a right-of-way over a driveway on the appellants' property.
The appellants argued the trial judge erred in finding the use was 'as of right' rather than by permission.
The Court of Appeal dismissed the appeal, holding that it was open to the trial judge to find on the record that the arrangement between the original owners did not amount to permission, and deference was owed to that factual finding.
