The Court of Appeal for Ontario heard an appeal and cross-appeal concerning the interpretation of an easement.
The primary issue was whether an easement for "vehicular and pedestrian access and egress" included the right to park.
The application judge had ruled it did not.
The appellant (Friuli Long Term Care) argued the application was speculative and that parking rights were ancillary or an easement of necessity.
The cross-appellant (Primont (Castelmont) Inc.) sought an additional declaration regarding redevelopment.
The Court of Appeal dismissed both the appeal and the cross-appeal, affirming the application judge's finding that the easement did not include parking rights and that parking was a contractual matter.
The court also upheld the refusal of the additional declaration due to procedural issues.
