Jarvis K. Postnikoff

The appellants appealed a trial judgment declaring that the respondents had an ancillary right to park vehicles along a right-of-way and awarding damages for nuisance.

The Court of Appeal upheld the trial judge's finding that parking was an ancillary right based on over forty years of use and the circumstances surrounding the creation of the right-of-way.

The Court also upheld the nuisance damage award.

However, the Court varied the judgment regarding the cost of installing a holding tank, ordering the parties to split the cost equally due to mutual carelessness.

The appeal was allowed in part.

The appellant's former solicitor obtained a charging order under the Solicitors Act against all sums receivable by the appellant under a divorce judgment, including spousal support arrears, for unpaid legal fees.

The appellant appealed the order.

The Court of Appeal allowed the appeal, holding that as a matter of law and public policy, charging orders should not be made against spousal support payments, as support is distinct from property and is intended to address demonstrable need.