2 total
Leave for judicial review of adjudicator's determination granted, but stay pending review denied.
The moving party, McMaster University, brought a motion for leave to proceed with an application for judicial review of an adjudicator's determination, and requested a stay pending the review.
The Divisional Court granted leave to proceed with the judicial review but denied the request for a stay.
Costs of the leave motion were fixed at $8,800 to follow in the cause.
Prescriptive parking easement recognized after decades of uninterrupted rear-lot use.
The owners of one commercial-residential property sought declaratory and monetary relief arising from a long-running parking and access dispute with the owner and tenant-operators of the adjoining property.
The court found continuous, uninterrupted, open and peaceful historical use of a narrow strip of the adjoining lands and the rear parking area sufficient to establish a prescriptive easement before land titles conversion.
The court also held that repeated obstruction of the east-west right-of-way and deliberate parking conduct by certain defendants constituted nuisance, but rejected claims for trespass damages and intentional interference with economic relations.
Counterclaims by the adjoining tenant and related parties were dismissed.
The court granted declaratory relief and awarded a total of $30,000 against three defendants.
