2 total
Only one of several claimed deeded rights-of-way over a waterfront property was found valid.
The applicants, owners of non-waterfront lots, sought declarations that they held valid deeded rights-of-way over the respondents' waterfront lot to access Sturgeon Lake.
The court reviewed the chain of title and applied the prerequisites for creating an easement by express grant.
The court found that only one applicant possessed a valid right-of-way, as the original grants for the other applicants were defective, primarily because they were not executed by all co-owners of the servient tenement at the time of the grant.
The successful applicant was granted a declaration that her right-of-way extended to the water's edge.
Appeal allowed and default judgment set aside due to appellant's depression and respondent's death.
The appellant appealed an order refusing to set aside a default judgment regarding spousal support and equalization of matrimonial property.
The Court of Appeal found that the appellant's failure to contest the original motion was adequately explained by her being paralyzed by depression, contrary to her counsel's characterization before the motion judge.
Additionally, fresh evidence indicated the respondent had died.
The appeal was allowed, the default judgment set aside, and the matter remitted to the Superior Court for a fresh determination.
