The case involved two consolidated applications concerning a shared sewer pipe between two adjacent properties, 52 James Street (owned by Margot J. Olivieri) and 54 James Street (owned by the Estate of Julie Valvasori, represented by Joan Henry).
Olivieri sought a declaration of a permanent prescriptive easement for the sewer line running from 52 James through 54 James to the city sewer, and damages for the Estate's interference with it.
The Estate sought a declaration that the pipe was trespassing and an order for its removal, requiring 52 James to establish its own sewer connection.
The court found that a prescriptive easement existed in favour of 52 James.
However, it limited the ancillary rights associated with the easement, denying Olivieri broad rights to alter the pipe or unrestricted entry.
The court awarded Olivieri $3,467.92 in damages for the Estate's unlawful capping of the pipe, offset by $480.09 owed by Olivieri for shared sewer maintenance.
The Estate's application to remove the pipe was dismissed.