The appellant appealed a trial judgment interpreting a deed and finding him liable for trespass.
The Court of Appeal upheld the trial judge's conclusion that a clause granting limited use of facilities to the original grantee and her guests did not extend to heirs and assigns, as it was a stand-alone provision distinct from the unconditional right of way.
The Court also upheld the finding of trespass regarding the appellant's use of the facilities for a large reunion.
On consent, the judgment was varied to correct an inadvertent error regarding the appellant's two access easements.
The appeal was otherwise dismissed.
