Condos and Castles Realty Inc. v. Janeve Corp., 2015 ONCA 466

JurisdictionOntario
JudgeJuriansz, Lauwers and Huscroft, JJ.A.
CourtCourt of Appeal (Ontario)
Subject MatterTORTS,REAL PROPERTY
Citation2015 ONCA 466,[2015] O.A.C. Uned. 439,[2015] O.A.C. Uned. 439 (CA)
Date24 June 2015
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14 practice notes
  • Court Of Appeal Summaries (May 15, 2023 ' May 19, 2023)
    • Canada
    • Mondaq Canada
    • May 30, 2023
    ...2017 ONSC 7560, aff'd 2018 ONCA 521, Balogh v. R.C. Yantha Electric Ltd., 2019 ONSC 6748, Condos and Castles Realty Inc. v. Janeve Corp., 2015 ONCA 466, Axler et al. v. Chisholm (1977), 16 O.R. (2d) 665, Creeggan v. Fijalkowski, 1990 CarswellOnt 5116 (Ont. Dist. Ct,), L.M.U. v. R.L.U., 2004......
  • Carpenter v. Doull-MacDonald, 2017 ONSC 7560
    • Canada
    • Superior Court of Justice of Ontario (Canada)
    • December 19, 2017
    ...2010 ONSC 3553, aff’d 2011 ONCA 68; Piekarczyk v. Zebrowski, 2010 ONSC 5423.[49] Henderson v. Volk (1982), 35 O.R. (2d) 379 (C.A.).[50] 2015 ONCA 466, rev’g 2014 ONSC 6640.[51] Koenig v. Goebel, (1998), 162 Sask. R. 81; Demenuk v. Dhadwal, 2013 BCSC 2111 at para. 71.[52] Graham v. Da Silva ......
  • Monika Law v. 450470 Ontario Limited, 2018 ONSC 6043
    • Canada
    • Superior Court of Justice of Ontario (Canada)
    • October 12, 2018
    ...use of property, as distinct from pedestrian use, is by its nature open and conspicuous. Condos and Castles Realty Inc. v. Janeve Corp., 2015 ONCA 466. [45]        The evidence of the applicant also confirms that the periodic parking on the turnaround area......
  • 2023 ONCA 346,
    • Canada
    • January 1, 2023
    ...the alleged use was continuous. 45 The third case referred to by the application judge is Condos and Castles Realty Inc. v. Janeve Corp., 2015 ONCA 466, 55 R.P.R. (5th) 171, where a prescriptive easement was established where the applicant and its predecessors had driven over the private ri......
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9 cases
  • Carpenter v. Doull-MacDonald, 2017 ONSC 7560
    • Canada
    • Superior Court of Justice of Ontario (Canada)
    • December 19, 2017
    ...2010 ONSC 3553, aff’d 2011 ONCA 68; Piekarczyk v. Zebrowski, 2010 ONSC 5423.[49] Henderson v. Volk (1982), 35 O.R. (2d) 379 (C.A.).[50] 2015 ONCA 466, rev’g 2014 ONSC 6640.[51] Koenig v. Goebel, (1998), 162 Sask. R. 81; Demenuk v. Dhadwal, 2013 BCSC 2111 at para. 71.[52] Graham v. Da Silva ......
  • Monika Law v. 450470 Ontario Limited, 2018 ONSC 6043
    • Canada
    • Superior Court of Justice of Ontario (Canada)
    • October 12, 2018
    ...use of property, as distinct from pedestrian use, is by its nature open and conspicuous. Condos and Castles Realty Inc. v. Janeve Corp., 2015 ONCA 466. [45]        The evidence of the applicant also confirms that the periodic parking on the turnaround area......
  • 2023 ONCA 346,
    • Canada
    • January 1, 2023
    ...the alleged use was continuous. 45 The third case referred to by the application judge is Condos and Castles Realty Inc. v. Janeve Corp., 2015 ONCA 466, 55 R.P.R. (5th) 171, where a prescriptive easement was established where the applicant and its predecessors had driven over the private ri......
  • Hydro One Networks Inc. v Shiner,
    • Canada
    • Court of Appeal (Ontario)
    • May 15, 2023
    ...the alleged use was continuous. 45 The third case referred to by the application judge is Condos and Castles Realty Inc. v. Janeve Corp., 2015 ONCA 466, 55 R.P.R. (5th) 171, where a prescriptive easement was established where the applicant and its predecessors had driven over the private ri......
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5 firm's commentaries
  • Court Of Appeal Summaries (May 15, 2023 ' May 19, 2023)
    • Canada
    • Mondaq Canada
    • May 30, 2023
    ...2017 ONSC 7560, aff'd 2018 ONCA 521, Balogh v. R.C. Yantha Electric Ltd., 2019 ONSC 6748, Condos and Castles Realty Inc. v. Janeve Corp., 2015 ONCA 466, Axler et al. v. Chisholm (1977), 16 O.R. (2d) 665, Creeggan v. Fijalkowski, 1990 CarswellOnt 5116 (Ont. Dist. Ct,), L.M.U. v. R.L.U., 2004......
  • Porch Bandits - Adverse Possession Remains Alive And Well In Toronto
    • Canada
    • Mondaq Canada
    • November 29, 2021
    ...must exclude every hypothetical possibility. The court relied on the decision in Condos and Castles Realty Inc. v. Janeve Corp., 2015 ONCA 466, where the Court of Appeal discussed the nature of the burden in considering whether acquiescence by an owner is actually a positive grant of ".Once......
  • Porch Bandits - Adverse Possession Remains Alive And Well In Toronto
    • Canada
    • Mondaq Canada
    • November 29, 2021
    ...must exclude every hypothetical possibility. The court relied on the decision in Condos and Castles Realty Inc. v. Janeve Corp., 2015 ONCA 466, where the Court of Appeal discussed the nature of the burden in considering whether acquiescence by an owner is actually a positive grant of ".Once......
  • Court Of Appeal Summaries (October 5 ' October 9, 2020)
    • Canada
    • Mondaq Canada
    • October 13, 2020
    ...Land Titles Act, R.S.O. 1990, c. L.5, s. 51(2), Municipal Act, 2001 S.O. 2001, ss. 6, 8, 9, Condos Castles Realty Inc. v. Janeve Corp., 2015 ONCA 466, Garfinkel v. Kleinberg and Kleinberg, [1955] O.R. 388 (C.A.), Mihaylov v. 1165996 Ontario Inc., 2017 ONCA 116 facts: The appellant, Paleshi ......
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