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The court dismissed an application for an easement to maintain a septic system on a neighbour's property.
The court considered whether the applicant, Vatcho Kelian, had an easement over the respondent Paul Eldred Trafford’s property for the purpose of maintaining a septic system.
The court reviewed the history of the properties, prior agreements, and the requirements for the creation and continuation of an easement, including by express grant and by prescription.
The court found that no easement was created or registered, and that any rights conferred by prior settlement had terminated.
The application for an easement was dismissed.
The court granted a bail review and released the applicant on enhanced community supervision.
The applicant sought a bail review after being detained by a Justice of the Peace.
The reviewing judge found that the Justice of the Peace erred in law by not properly applying the "ladder principle" from R. v. Antic and by failing to provide sufficient reasons for rejecting less onerous forms of release, effectively imposing a reverse onus on the applicant.
The judge considered the release de novo and granted bail with enhanced community supervision conditions through the Toronto Bail Program, finding that the proposed plan adequately addressed primary and secondary ground concerns despite the applicant's lengthy criminal record and mental health issues.
