English v. Perras

JurisdictionOntario
CourtCourt of Appeal (Ontario)
JudgeHoy A.C.J.O., Brown and Trotter JJ.A.
Citation2018 ONCA 649
Date18 July 2018
Docket NumberC64729

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12 practice notes
  • Court Of Appeal Summaries (February 17 ' 21)
    • Canada
    • Mondaq Canada
    • February 26, 2025
    ...v. Bailey, 2016 ONCA 98, Temma Realty Co. Ltd. v. Ress Enterprises Ltd. et al. (1968), [1968] 2 O.R. 293 (Ont. C.A.), English v. Perras, 2018 ONCA 649, Mason v. Morrow (1998), 114 O.A.C. 194 (Ont. C.A.), Fletcher v. Storoschuk (1981), 35 O.R. (2d) 722 (C.A.), Masidon Investments Ltd. v. Ham......
  • Court Of Appeal Summaries (February 10 – February 14, 2020)
    • Canada
    • Mondaq Canada
    • April 8, 2020
    ...Barbour v. Bailey, 2016 ONCA 98, Henderson v. Volk (1982), 35 O.R. (2d) 379 (C.A.), Kaminskas v. Storm, 2009 ONCA 318, English v. Perras, 2018 ONCA 649, Caldwell v. Elia, [2000] O.J. No. 661, Hodkin v. Bigley, 20 R.P.R. (3d) 9 (C.A.), 1043 Bloor Inc. v. 1714104 Ontario Inc., 2013 ONCA 91, H......
  • Court Of Appeal Summaries (July 16 – July 20, 2018)
    • Canada
    • Mondaq Canada
    • July 26, 2018
    ...a child custody decision, several criminal decisions, and a couple of Ontario Review Board decisions. Civil Decisions English v Perras, 2018 ONCA 649 [Hoy ACJO, Brown and Trotter R Graystone, for the appellants RD Aburto and J Polowin, for the respondents Keywords: Real Property, Prescripti......
  • Donnelly et al v. Guyconhud Inc. et al
    • Canada
    • Superior Court of Justice of Ontario (Canada)
    • March 24, 2022
    ...was pooled on the ground in the area indicated.  To borrow the words of Trotter J.A., speaking for the court in English v. Perras, 2018 ONCA 649, at para. … it is impossible to get beneath the surface of his survey.  There is no explanation for his conclusion on the issue that is ......
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8 cases
  • Donnelly et al v. Guyconhud Inc. et al
    • Canada
    • Superior Court of Justice of Ontario (Canada)
    • March 24, 2022
    ...was pooled on the ground in the area indicated.  To borrow the words of Trotter J.A., speaking for the court in English v. Perras, 2018 ONCA 649, at para. … it is impossible to get beneath the surface of his survey.  There is no explanation for his conclusion on the issue t......
  • Monika Law v. 450470 Ontario Limited
    • Canada
    • Superior Court of Justice of Ontario (Canada)
    • October 12, 2018
    ...In interpreting the test, courts have insisted on a high standard for establishing a prescriptive easement. English v. Perras, 2018 ONCA 649 at para. [30]        In this case, the respondent concedes that the criteria (a) and (b) above have been met. [31]&......
  • Vivekanandan v. Terzian
    • Canada
    • Court of Appeal (Ontario)
    • February 12, 2020
    ...Titles system, the “uninterrupted and unchallenged” use had to be for a period of at least 20 years prior to 2002: English v. Perras, 2018 ONCA 649, 425 D.L.R. (4th) 110, at para. [10] Elements (i), (iii) and (iv) are satisfied. The appeal on this issue turns on the application judge’s cons......
  • Dickinson v. Hirsch Garcia
    • Canada
    • Superior Court of Justice of Ontario (Canada)
    • March 6, 2025
    ...acquiring a prescriptive easement. It involves requirements in addition to the constituent elements of an easement. English v. Perras, 2018 ONCA 649, para 28. In 1043 Bloor Inc., v. 171404 Ontario Inc., 2013 ONCA 91, 114 O.R. (3d) 241, Laskin J.A. described the doctrine as follows at para T......
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3 firm's commentaries
  • Court Of Appeal Summaries (February 17 ' 21)
    • Canada
    • Mondaq Canada
    • February 26, 2025
    ...v. Bailey, 2016 ONCA 98, Temma Realty Co. Ltd. v. Ress Enterprises Ltd. et al. (1968), [1968] 2 O.R. 293 (Ont. C.A.), English v. Perras, 2018 ONCA 649, Mason v. Morrow (1998), 114 O.A.C. 194 (Ont. C.A.), Fletcher v. Storoschuk (1981), 35 O.R. (2d) 722 (C.A.), Masidon Investments Ltd. v. Ham......
  • Court Of Appeal Summaries (February 10 – February 14, 2020)
    • Canada
    • Mondaq Canada
    • April 8, 2020
    ...Barbour v. Bailey, 2016 ONCA 98, Henderson v. Volk (1982), 35 O.R. (2d) 379 (C.A.), Kaminskas v. Storm, 2009 ONCA 318, English v. Perras, 2018 ONCA 649, Caldwell v. Elia, [2000] O.J. No. 661, Hodkin v. Bigley, 20 R.P.R. (3d) 9 (C.A.), 1043 Bloor Inc. v. 1714104 Ontario Inc., 2013 ONCA 91, H......
  • Court Of Appeal Summaries (July 16 – July 20, 2018)
    • Canada
    • Mondaq Canada
    • July 26, 2018
    ...a child custody decision, several criminal decisions, and a couple of Ontario Review Board decisions. Civil Decisions English v Perras, 2018 ONCA 649 [Hoy ACJO, Brown and Trotter R Graystone, for the appellants RD Aburto and J Polowin, for the respondents Keywords: Real Property, Prescripti......