What is the test for establishing a prescriptive right of way?
Ontario, Canada
The following excerpt is from Mitrovic v. Ostojic, 2008 ONCA 144 (CanLII):
The appellant argues that the respondents could not establish a prescriptive right of way because the appellant consented to its use. However, there is no evidence that the appellant consented to a limited-term use of the right of way. To the contrary, all the evidence is that the appellant consented to a permanent easement. We also find support for this result in Hill v. Nova Scotia (Attorney General), [1997] S.C.J. No.115.
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