Hilary Anne Brown

The defendants brought a motion to strike the plaintiff's Fresh as Amended Statement of Claim for disclosing no reasonable cause of action.

The court found that the plaintiff had not remedied the deficiencies identified in a previous ruling by Diamond J., nor had the law changed to overcome these deficiencies.

The claims for intentional interference with economic relations failed because the third party (Contac) had released its claims against the defendants.

The conspiracy claim failed as it alleged a conspiracy between a corporate officer acting within his corporate capacity and the corporation itself, which is a legal impossibility.

The court also affirmed that a sole shareholder cannot sue for harm done to the corporation when the corporation itself has released its claims.

The motion to strike was granted without leave to amend, and partial indemnity costs were awarded to the defendants.

The appellant appealed the dismissal of her application for a declaration that she holds a permanent easement over part of the respondent's property.

The two parties own neighbouring houses in Toronto.

The appellant claimed a right of easement over the passageway between the properties based on historical use by the former owner of her property for cleaning and repairs.

The application judge found that the historical use was permissive and infrequent, not "as of right" as required for a prescriptive easement.

The Court of Appeal upheld the dismissal, finding no error in the application judge's characterization of the occasional permissive use and affirming that the threshold for establishing an easement is high.