Does the activity of an agent have to be considered when determining whether a right of way has been continuous, uninterrupted, open and peaceful?
Ontario, Canada
The following excerpt is from Balogh v. R.C. Yantha Electric Ltd, 2019 ONSC 6748 (CanLII):
The defendants rely on Carlini Estate v. Hammond, 2011 ONCA 285, at para. 7, which appears to accept that the activity of an agent may be considered when determining whether the use of a right of way has been continuous, uninterrupted, open, and peaceful.
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