Justin Vanden Ende

The applicants sought a declaration regarding the scope of their right of way over the respondent's property to access their cottage, and an order that the respondent remove a gate and fences he installed.

The court held that the easement allowed the applicants to access their property from any point along the northern or eastern borders, but did not grant an ancillary right to park on the right of way.

The court found that the respondent's installation of a fence substantially interfered with the applicants' use of the right of way and ordered its removal, but held that the padlocked gate did not constitute a substantial interference.

The applicants, owners of cottage properties in Tiny Township, sought an interlocutory injunction to prevent the respondent municipality from interfering with their use of a grassy area between their properties and the beach.

The applicants claimed exclusive possession of the grassy area for decades, while the municipality claimed ownership based on a 1931 dedication.

The court applied the RJR-MacDonald test and found a serious issue to be tried regarding ownership, that the applicants would suffer irreparable harm through loss of enjoyment and potential environmental impact, and that the balance of convenience favoured maintaining the status quo.

The motion for an interlocutory injunction was granted.