A residential property owner brought an action against neighbouring commercial businesses alleging obstruction and misuse of a shared right-of-way and seeking damages and injunctive relief.
The defendants denied interference and counterclaimed for damages and an injunction based on alleged harassment and interference with their business operations.
The court reviewed the scope of easement rights, including the principle that a right to pass and repass does not inherently include a right to park, and considered whether commercial delivery and parking activities unreasonably interfered with other users’ rights.
The court found that certain vehicle parking and delivery practices had at times unreasonably obstructed access but that many issues had improved over time.
A limited injunction regulating parking, delivery vehicle use, and positioning of security lights and cameras was granted, while all claims for damages and the defendants’ counterclaim were dismissed.
