Mark Nazarewich

The applicant sought an order discharging a transformer easement registered on its property in 1965 in favour of the Crown, which was ancillary to an approach lighting easement for the Windsor Airport.

The applicant argued the easement had been abandoned or had expired by its terms.

The court found that while abandonment was not proven, the easement had expired by its own terms because technological advances, including GPS navigation and self-contained transformers in modern approach lights, rendered the stand-alone transformer obsolete.

The court ordered the easement discharged.

The City of Windsor appealed a decision finding it had no interest in land referable to certain parking spaces.

On appeal, the City attempted to argue for the first time that it had statutory rights of enforcement under s. 41.1(10) of the Planning Act.

The Court of Appeal dismissed the appeal, holding that the new argument could not be raised due to appellate practice and an insufficient factual record.

The court found no error in the application judge's conclusion that the City had no interest in the land.