What is the case law on all fours with respect to right of way?

Ontario, Canada


The following excerpt is from Conkie v. Bugow, 2018 ONSC 4959 (CanLII):

The case is also on all fours with the judgment of Saunders J. in Guy v. Sant, an unreported judgment delivered on June 20, 1980 [reported 17 R.P.R. 161]. In that case, a purchaser of a farm challenged the use of access roads by owners of neighbouring lots which crossed his land, on the ground that he had acquired the lands free of registered easements of right of way. Like this case, the previous owners had agreed to let the neighbours traverse the land to get to their own lots. And like this case, there was no agreement registered, and the lands were in Land Titles.

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