Court of Appeal for Ontario
Panel: Miller, Zarnett and Madsen JJ.A.
Between
2660519 Ontario Inc. Applicant (Appellant)
and
Brian Douglass McWhinnie Respondent (Respondent)
Counsel
For the Appellant: Megan Marrie and Sam Zucchi
For the Respondent: Jonathan Friedman and James Hutchinson
Heard and rendered orally: September 5, 2025
On appeal from: The judgment of Justice Jocelyn Speyer of the Superior Court of Justice, dated January 10, 2025, with reasons reported at 2024 ONSC 6083.
Reasons for Decision
1The application judge dismissed the appellant's application in which it sought, among other relief, a declaration of rights respecting an easement held by the respondent over a portion of the appellant's lands. The appellant argues that the application judge made a palpable and overriding error as to the land subject to the easement, specifically, that it extended from the shoreline into the channel.
2We disagree. Paragraphs 3 and 18 of the application judge's reasons show that she appreciated the scope of the easement.
3We see no error in the application judge's refusal to grant a declaration of rights on the basis that none was required. On her findings there was no live controversy, and she was not required to declare rights in hypothetical future situations.
4The appeal is dismissed. Costs are awarded to the respondent in the agreed amount of $17,500 all-inclusive.
"B.W. Miller J.A."
"B. Zarnett J.A."
"L. Madsen J.A."