The appellants own a property with a registered right of way over the respondents' lands to the edge of Chesley Lake.
The appellants built a pole dock on the lakebed at the water's edge where the right of way ends.
The respondents sued, arguing that using the right of way to access the dock was beyond the scope of the easement.
The trial judge agreed, finding the easement was limited to agricultural purposes and that accessing the dock was an overburdening use.
The Court of Appeal allowed the appeal, holding that the grant of the right of way was not confined to a particular use and that accessing the dock from the shoreline did not constitute an overburdening use of the right of way.
