The applicants and respondent are neighbours sharing a mutual driveway subject to reciprocal registered easements.
The respondent erected a fence blocking the rear portion of the driveway and frequently parked at the front, obstructing vehicular access.
The applicants brought an application to enforce their easement rights, and the respondent counter-applied, arguing the easement for vehicular access had been abandoned since the rear garages were removed years ago.
The court found no abandonment, as the applicants' predecessors continued sporadic vehicular use, and held that the respondent's historical parking was permissive, not prescriptive.
The court ordered the respondent to remove the fence and cease obstructing the driveway.
