The applicant sought a prescriptive easement in the nature of a right of way over a private, undedicated road to access her residential property.
The application was unopposed by the respondents, who included a cancelled corporation and an estate.
The court found that the applicant and her predecessors in title had continuously and openly used the road for over 20 years prior to the property's conversion to Land Titles.
The court granted the application, finding the elements of a prescriptive easement were met and ordering rectification of the register under the Land Titles Act.
