The appellant appealed a decision of the Superior Court of Justice dismissing its application for a declaration of rights respecting an easement held by the respondent over a portion of the appellant's lands.
The appellant argued that the application judge made a palpable and overriding error regarding the extent of the easement, claiming it extended from the shoreline into the channel.
The Court of Appeal found no error in the application judge's reasoning and dismissed the appeal, awarding costs to the respondent.
