Oakville (Town) v. Sullivan

JurisdictionOntario
CourtCourt of Appeal (Ontario)
JudgeTrotter, Zarnett and Jamal JJ.A.
Neutral Citation2021 ONCA 1
Citation2021 ONCA 1
Docket NumberC68261
Date06 January 2021

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5 practice notes
  • Burwell et Al v Wozniak
    • Canada
    • Superior Court of Justice of Ontario (Canada)
    • October 22, 2024
    ...for Ontario has consistently stated the test for proprietary estoppel as requiring an interest in land: Oakville (Town) v. Sullivan, 2021 ONCA 1, 10 M.P.L.R. (6th) 163, at para. 32; Clarke v. Johnson, 2014 ONCA 237, 318 O.A.C. 186, at para. 52; Schwark v. Cutting, 2010 ONCA 61, 261 O.A.C. 2......
  • 2025 ONCA 56
    • Canada
    • January 1, 2025
    ...interference’ with the use and enjoyment of the easement for the purpose identified in the grant: Oakville (Town) v. Sullivan, [2021 ONCA 1, 23 R.P.R. (6th) 175]; Weidelich v. de Koning, 2014 ONCA 736, 122 O.R. (3d) 545, at paras. 9-11; Fallowfield, at paras. 40 and 41. The dominant owner m......
  • 1711811 Ontario Ltd v Buckley Insurance Brokers Ltd
    • Canada
    • Court of Appeal (Ontario)
    • January 27, 2025
    ...interference’ with the use and enjoyment of the easement for the purpose identified in the grant: Oakville (Town) v. Sullivan, [2021 ONCA 1, 23 R.P.R. (6th) 175]; Weidelich v. de Koning, 2014 ONCA 736, 122 O.R. (3d) 545, at paras. 9-11; Fallowfield, at paras. 40 and 41. The dominant owner m......
  • Home Owners Ordered To Remove Pool Built Over Municipal Easement
    • Canada
    • Mondaq Canada
    • January 18, 2021
    ...required to remove a pool and associated amenities which they had built on top of a municipal easement. In Oakville (Town) v. Sullivan, 2021 ONCA 1 (CanLII), the Appellants bought a property in Oakville, Ontario, and subsequently built a swimming pool and surrounding deck, platform, and oth......
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3 cases
  • Burwell et Al v Wozniak
    • Canada
    • Superior Court of Justice of Ontario (Canada)
    • October 22, 2024
    ...for Ontario has consistently stated the test for proprietary estoppel as requiring an interest in land: Oakville (Town) v. Sullivan, 2021 ONCA 1, 10 M.P.L.R. (6th) 163, at para. 32; Clarke v. Johnson, 2014 ONCA 237, 318 O.A.C. 186, at para. 52; Schwark v. Cutting, 2010 ONCA 61, 261 O.A.C. 2......
  • 1711811 Ontario Ltd v Buckley Insurance Brokers Ltd
    • Canada
    • Court of Appeal (Ontario)
    • January 27, 2025
    ...interference’ with the use and enjoyment of the easement for the purpose identified in the grant: Oakville (Town) v. Sullivan, [2021 ONCA 1, 23 R.P.R. (6th) 175]; Weidelich v. de Koning, 2014 ONCA 736, 122 O.R. (3d) 545, at paras. 9-11; Fallowfield, at paras. 40 and 41. The dominant owner m......
  • Sunset Lakes Owners Association v Gingras et Al
    • Canada
    • Superior Court of Justice of Ontario (Canada)
    • January 23, 2025
    ...constitutes a substantial interference with the use and enjoyment of that easement given its intended purpose: Oakville (Town) v Sullivan, 2021 ONCA 1, at para. 15. There is no mathematical formula that governs this assessment. Each case must be decided on its own 27 The instrument conferri......
1 firm's commentaries
  • Home Owners Ordered To Remove Pool Built Over Municipal Easement
    • Canada
    • Mondaq Canada
    • January 18, 2021
    ...required to remove a pool and associated amenities which they had built on top of a municipal easement. In Oakville (Town) v. Sullivan, 2021 ONCA 1 (CanLII), the Appellants bought a property in Oakville, Ontario, and subsequently built a swimming pool and surrounding deck, platform, and oth......