The applicant sought an order to relocate an existing access easement over its property, which was owned by the respondent, to enable a larger commercial development.
The respondent opposed the relocation.
The court examined the statutory provisions for modifying or discharging conditions or covenants annexed to land under the Conveyancing and Law of Property Act and the Land Titles Act.
It emphasized the narrow judicial discretion to intervene, particularly when the servient owner demonstrates any prejudice.
The court found that the proposed relocation would cause potential prejudice to the respondent due to increased traffic congestion from parking on both sides of the easement and potential adverse impacts on its mortgage financing.
Consequently, the application to relocate the easement was dismissed.
