The applicants sought a declaration of a prescriptive easement or an ancillary right to park on a private road (Hunters Road) owned by the respondent, which they used to access their cottages.
The court dismissed the application, finding that the applicants failed to establish the elements for a prescriptive easement, specifically that their use was "peaceful" and "uninterrupted" for the requisite 20-year period due to the respondent's consistent objections.
Furthermore, the court found that parking on Hunters Road was not "reasonably necessary" for the enjoyment of their properties, as their respective title documents provided for alternative parking solutions.
