There is no question that the applicants historically used the right of way as a parking spot. However, “the conduct of the parties in the purported exercise of the rights granted under the easement is not helpful as a guide to interpreting the document: they may misapprehend their legal rights”: Square-Boy Limited v. The City of Toronto, at para. 48. Nothing in the language of the express easement refers to or implies an ability to park. I have no doubt that it would be convenient to park on the right of way, but it is not necessary for the use or enjoyment of the easement. The applicants have created and currently use a parking pad on the eastern portion of their property. The applicants do not have an ancillary right to park on the right of way. Issue 2: Did the respondent substantially interfere with the applicants’ use and enjoyment of the right of way by installing the fence and/or the padlocked gate?
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