The plaintiff Medical Centre and defendant JD Development owned abutting properties subject to a system of easements.
Both submitted redevelopment site plans to the City of Markham.
The Medical Centre's plan relied on paving an easement over JD Development's property for vehicular access, while JD Development's plan showed the easement as partially sodded, which would block vehicular access.
The Medical Centre brought a motion for declarations regarding its right to use and pave the easement.
JD Development argued the Local Planning Appeal Tribunal (LPAT) had exclusive jurisdiction.
The Superior Court held it had jurisdiction to determine property rights, declared the Medical Centre had the right to use the easement for vehicular traffic and to pave it at its own expense, but declined to order JD Development to amend its site plan.
