Does the intent of a party to an Undertaking under a Tenement Agreement have to be considered at the time the Undertaking was entered into?
Ontario, Canada
The following excerpt is from Temple Kol Ami v. Elm Thornhill Woods Inc., 2007 CanLII 38403 (ON SC):
Elm submits the courts have developed special rules for looking at the intentions of the parties on grants of easements. Elm submits the circumstances at the time the Undertaking was entered into should be considered in interpreting the intentions of the parties. [Laurie v. Bowen, 1952 CanLII 10 (SCC), [1953] 1 S.C.R. 49 (S.C.C.)]. In Laurie, supra, Laidlaw, J.A. held at para. 26 that the circumstances at the time of the grant of an easement must be considered in order to ascertain the intentions of the parties as to the dominant tenement and the nature of the rights conveyed.
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