The applicants, owners of non-waterfront lots, sought declarations that they held valid deeded rights-of-way over the respondents' waterfront lot to access Sturgeon Lake.
The court reviewed the chain of title and applied the prerequisites for creating an easement by express grant.
The court found that only one applicant possessed a valid right-of-way, as the original grants for the other applicants were defective, primarily because they were not executed by all co-owners of the servient tenement at the time of the grant.
The successful applicant was granted a declaration that her right-of-way extended to the water's edge.
