The defendant brought a motion to rectify the land registry record under section 159 of the Land Titles Act.
The parties are abutting landowners, and the defendant's property requires an easement over the plaintiff's land for access.
The Committee of Adjustment had previously granted a permanent easement as a condition of severing the land, but a temporary one-year easement was mistakenly registered on title following a private agreement between the parties.
The court held that the Certificate of Consent under the Planning Act does not immunize the resulting transfer from rectification where the registered instrument does not match the approved instrument.
The motion was granted, and the title was ordered rectified to reflect a permanent easement.
