Balogh v. R.C. Yantha Electric Ltd., 2021 ONCA 266
| Jurisdiction | Ontario |
| Judge | Feldman, Harvison Young and Thorburn JJ.A. |
| Citation | 2021 ONCA 266 |
| Court | Court of Appeal (Ontario) |
| Docket Number | C67814 |
| Date | 28 April 2021 |
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8 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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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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4 cases
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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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Hydro One Networks Inc. v. Amos Allen Shiner,
...[14] Paras. 42-43. See also Skraba et al. v. Crisafi et al., 2014 ONSC 6780 at para. 24. [15] Balogh v. R.C. Yantha Electric Ltd., 2021 ONCA 266 at para. [16] Carpenter at para. 45. [17] Para. 51. [18] Exhibit H to affidavit of A. Shiner dated September 17, 2021. [19] Para. 60. [20] B......
4 firm's commentaries
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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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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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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......