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.
