The appellant challenged a trial judgment declaring that the respondent held a right of way over identified parts of a Kingston property.
The Court of Appeal held that the matter was largely fact-driven and that the trial judge's findings, including actual notice of the longer easements, were amply supported by the record.
The court further upheld the trial judge's interpretation of s. 15 of the Conveyancing and Law of Property Act, s. 26 of the Registry Act, and the doctrines of extinguishment and abandonment.
The appeal was dismissed with costs.
