Court File and Parties

CITATION: Da Silva v. Martino, 2008 ONCA 857

DATE: 20081216

DOCKET: C47241

COURT OF APPEAL FOR ONTARIO

Winkler C.J.O., Moldaver and Goudge JJ.A.

BETWEEN:

Ana Maria Da Silva

Plaintiff (Appellant on Appeal)

and

GIUSEPPE MARTINO and ROSA MARTINO

Defendants (Respondents on Appeal)

Counsel: Bernard B. Gasee and Vic Rampersad for the appellant Ana Maria Da Silva Mark A. Klaiman for the respondents Martino

Heard and endorsed: December 12, 2008

On appeal from the judgment of Justice Edward Belobaba of the Superior Court of Justice dated May 14, 2007.

APPEAL BOOK ENDORSEMENT

[1] In our view, even if usage of the full laneway could be established, it would provide, as is acknowledged by the appellant, an alternative second way for the appellant to get to the back of her property. This does not rise to the level of reasonable necessity for the better enjoyment of the appellant’s property.

[2] In the result, the appeal must be dismissed.

[3] Costs to the respondent of $5,000 together with disbursements and GST.