D. Keith

The applicants and respondent are siblings who own adjacent properties that were previously owned by their parents.

The applicants sought declarations regarding their right to use a shared driveway, a septic system, and a French drain that encroached on the respondent's property.

They also sought a permanent injunction to prevent the respondent from building a fence along the property line, and a determination of rights under an Encroachment Agreement.

The court found that the applicants had an implied grant to use the shared driveway, the septic system, and the land where the French drain was located, as these were necessary for the reasonable enjoyment of their property and had been used continuously since the properties were unified.

The court granted a permanent injunction preventing the fence construction and ordered the applicants' company to remove certain buildings pursuant to the Encroachment Agreement.

In a case management endorsement concerning governance disputes over a Gurdwara, the court granted leave for the corporation to commence an action against former directors for costs paid to a law firm, and for the former directors to bring a third-party claim against the law firm.

The court also stayed related small claims and costs assessment proceedings pending a further case management conference to determine whether the court should assume case management responsibility over all related matters.

In an ongoing governance dispute concerning a Gurdwara, the case management judge issued directions regarding multiple related proceedings.

The court granted the current board of directors leave to commence an action against former directors for costs previously paid to a law firm, and permitted a third-party claim against the law firm.

The court also stayed a related small claims action and a costs assessment proceeding pending a peremptory case management conference to determine how all related matters should be adjudicated.