Does a 1991 letter of consent constitute a prescriptive right that crystallized before the 1991 consent was provided?
Ontario, Canada
The following excerpt is from Kaminskas v. Storm, 2009 ONCA 318 (CanLII):
The legal premise that the prescriptive right had already crystallized before the 1991 letter of consent was provided is also mistaken. The application judge focused on the point that permission can only defeat the 40-year period if it is evidenced in writing. This is apparent from her quotation from Rose v. Krieser and from her own statement that [at para. 25] "[t]he rights accrued 40 years prior to the 1991 letter without 'permission'".
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