Court of Appeal for Ontario

Bison Realty Limited v. Athersych

Date: 2000-04-07

Peter A. Athersych, for the defendant/appellant.

(C30167)

[1] By the Court: The trial judge gave clear and comprehensive reasons for concluding that the respondent, Bison Realty Limited, is entitled to a right of way over Part 2 and all but the most northerly 18.7 feet of Part 3 on Reference Plan 13-R-6650 being part of Lot 195 Original Survey, City of Kingston, County of Frontenac.

[2] In many respects this case was factdriven and in our view, the trial judge's findings of fact are amply supported by the record. In particular, we are satisfied that it was open to the trial judge to find that the applicant had actual notice of the legal right to the longer easements over Part 3.

[3] With respect to the grounds of appeal raised by the appellant, it is our view that the reasoning and conclusions of the trial judge regarding the interpretation of s. 15 of the Conveyancing and Law of Property Act, R.S.O. 1990, c. C-34 and s. 26 of the Registry Act, R.S.O. 1990, c. R-20 and the doctrine of extinguishment and abandonment were correct.

[4] Accordingly, the appeal is dismissed with costs.

Appeal dismissed.