Leigh Fishleigh

The applicants sought declaratory and injunctive relief regarding an express right of way over the respondents' adjacent property.

The applicants were renovating their building, which required altering doors that accessed the right of way to comply with fire regulations.

The respondents blocked access to these doors and changed locks on the first floor.

The court found that the easement had not been abandoned and that the applicants' renovations fell within their ancillary rights under the easement.

The court granted a declaration that the easement was valid and ordered an injunction preventing the respondents from interfering with the applicants' use of the right of way.

The applicant sought an order preventing a newly incorporated ratepayers association from using the name of a former, unincorporated association.

The court found that the former association had ceased to exist due to prolonged inactivity and a lack of members in good standing.

The former president, acting as a trustee, validly assigned the association's name and funds to the new corporation to carry out the original association's purposes.

The application was dismissed, and costs were awarded to the respondent.