Julie Lesage

The applicants sought a declaration that a right-of-way agreement over a mutual driveway was void, while the respondent brought a cross-application seeking rectification of the agreement and an injunction against interference.

The court found that the right-of-way agreement was valid despite lacking a formal enurement clause, as the intention to create an easement running with the land was clear.

The court granted the respondent's application for rectification of the agreement and the parcel registers to correct a drafting error regarding the commencement point of the right-of-way.

The court also declared the respondent's right to vehicular access and ordered the applicants to remove encroachments, including a shed and fence, that substantially interfered with the right-of-way.