The appellants appealed an order from the Superior Court of Justice finding that a transformer easement had expired.
The sole issue was whether the easement continued to be required for an approach lighting system for runway 30 at the Windsor airport.
The Court of Appeal upheld the lower court's decision, finding that the appellants failed to provide evidence supporting their position that the easement remained necessary.
The appellants' own witness testimony, combined with evidence that the easement had not been required since 1965, long-term plans for runway 30 that did not contemplate the lighting system or transformer, and communications from Nav Canada all supported the finding that the easement had expired.
