Balogh v. R.C. Yantha Electric Ltd.
| Jurisdiction | Ontario |
| Judge | Feldman, Harvison Young and Thorburn JJ.A. |
| Date | 28 April 2021 |
| Docket Number | C67814 |
| Citation | 2021 ONCA 266 |
| Court | Court of Appeal (Ontario) |
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9 practice notes
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Court Of Appeal Summaries (April 26 ' April 30, 2021)
...Canada Inc., 2007 ONCA 497, Ballanger v. Ballanger, 2020 ONCA 626, Rick v. Brandsema, 2009 SCC 10 Balogh v. R.C. Yantha Electric Ltd., 2021 ONCA 266 Keywords: Real Property, Rights of Way, Easements, Prescriptive Easements, Road Access Act, R.S.O. 1990, s.1, c. R.34, Highway Traffic Act, R.......
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Court Of Appeal Summaries (May 15, 2023 ' May 19, 2023)
...Act, 1998, S.O. 1998, c. 15, Sch. B, Real Property Limitations Act, R.S.O. 1990, c. L.15, s. 31, Balogh v. R.C. Yantha Electric Ltd., 2021 ONCA 266, Carpenter v. Doull-MacDonald, 2017 ONSC 7560, aff'd 2018 ONCA 521, Balogh v. R.C. Yantha Electric Ltd., 2019 ONSC 6748, Condos and Castles Rea......
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Ahokas v Gross
...v. R.C. Yantha Electric Ltd., 2019 ONSC 6748 (“ Balogh (ONSC)”), at paras. 165 and 167, confirmed in Balogh v. R.C. Yantha Electric Ltd., 2021 ONCA 266, 156 O.R. (3d) 46, at para. 97 The evidence was sparse and vague regarding the last time that the Road was used by a motor vehicle. The evi......
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2023 ONCA 346
...easement under the doctrine of lost modern grant was recently described by this court in Balogh v. R.C. Yantha Electric Ltd., 2021 ONCA 266, 156 O.R. (3d) 46, at para. 6 (“ Balough (ONCA)”) as 40 Under the doctrine of lost modern grant, an easement by prescription can be estab......
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5 cases
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Ahokas v Gross
...v. R.C. Yantha Electric Ltd., 2019 ONSC 6748 (“ Balogh (ONSC)”), at paras. 165 and 167, confirmed in Balogh v. R.C. Yantha Electric Ltd., 2021 ONCA 266, 156 O.R. (3d) 46, at para. 97 The evidence was sparse and vague regarding the last time that the Road was used by a motor vehicle. The evi......
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2023 ONCA 346
...easement under the doctrine of lost modern grant was recently described by this court in Balogh v. R.C. Yantha Electric Ltd., 2021 ONCA 266, 156 O.R. (3d) 46, at para. 6 (“ Balough (ONCA)”) as 40 Under the doctrine of lost modern grant, an easement by prescription can be estab......
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Hydro One Networks Inc. v Shiner
...easement under the doctrine of lost modern grant was recently described by this court in Balogh v. R.C. Yantha Electric Ltd., 2021 ONCA 266, 156 O.R. (3d) 46, at para. 6 (“ Balough (ONCA)”) as 40 Under the doctrine of lost modern grant, an easement by prescription can be estab......
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185 King Developments Inc. v Tewson
...I raised with the parties the doctrine of lost modern grant. It was described by Feldman JA in Balogh v. R.C. Yantha Electric Ltd., 2021 ONCA 266 as [6]               Under the doctrine of lost modern grant, an easement b......
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4 firm's commentaries
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Court Of Appeal Summaries (April 26 ' April 30, 2021)
...Canada Inc., 2007 ONCA 497, Ballanger v. Ballanger, 2020 ONCA 626, Rick v. Brandsema, 2009 SCC 10 Balogh v. R.C. Yantha Electric Ltd., 2021 ONCA 266 Keywords: Real Property, Rights of Way, Easements, Prescriptive Easements, Road Access Act, R.S.O. 1990, s.1, c. R.34, Highway Traffic Act, R.......
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Court Of Appeal Summaries (May 15, 2023 ' May 19, 2023)
...Act, 1998, S.O. 1998, c. 15, Sch. B, Real Property Limitations Act, R.S.O. 1990, c. L.15, s. 31, Balogh v. R.C. Yantha Electric Ltd., 2021 ONCA 266, Carpenter v. Doull-MacDonald, 2017 ONSC 7560, aff'd 2018 ONCA 521, Balogh v. R.C. Yantha Electric Ltd., 2019 ONSC 6748, Condos and Castles Rea......
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Hydro One Loses Prescriptive Easement Claim Over Private Access Road
...The Court of Appeal has affirmed that continuously does not mean 'infrequently' or 'occasionally': Balogh v. R.C. Yantha Electric Ltd., 2021 ONCA 266 at para. 6. Hydro One's use of the road was occasional at best rather than daily or with other regularity, which did not meet the threshold f......
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Claim For Road Access Act And Prescriptive Easement To Landlocked Property Dismissed
...v. R.C. Yantha Electric Ltd., 2021 ONCA 266 (CanLII), the Court of Appeal for Ontario affirmed that the appellants had no right to cross the respondents' land to get to their otherwise landlocked In 2014, the appellants purchased a piece of land adjacent to the respondents' property. The ap......