Renaud Estate v. Sharman, (1997) 26 O.T.C. 233 (GD)

• Judge: Hockin, J.
• Court: Ontario Court of Justice General Division (Canada)
• Case Date: October 08, 1996
• Jurisdiction: Ontario
• Citations: (1997), 26 O.T.C. 233 (GD)

Renaud Estate v. Sharman (1997), 26 O.T.C. 233 (GD)

MLB headnote and full text

Norman Ferna Renaud, Executor and Personal Representative of the Estate of Etta Lanora Renaud, deceased (applicant) v. Victor David Sharman (respondent)

(Windsor Court File No. 96-GD-37370)

Indexed As: Renaud Estate v. Sharman

Ontario Court of Justice

General Division

Hockin, J.

February 7, 1997.

Summary:

Sharman intended to construct a fence on a driveway located between his home and the Renaud home. The administrator of the Renaud estate applied for a declaration that the driveway was subject to an easement by prescription or under the doctrine of lost modern grant.

The Ontario Court (General Division) held that the estate had an easement by subscription and under the doctrine of lost modern grant.

Real Property - 7028

Easements, licences and prescriptive rights - Creation by express grant - "Lost modern grant" - See paragraphs 16 to 18.

Real Property - Topic 7056

Easements, licences and prescriptive rights - Creation by prescription - Requirement of use for statutory period - See paragraphs 12 to 15.

Cases Noticed:

Henderson v. Volk (1982), 35 O.R.(2d) 379 (C.A.), refd to. [para. 14].

Statutes Noticed:

Limitations Act, R.S.O. 1990, c. L-15, sect. 31, sect. 32 [para. 13].

Counsel:

T.R. Bourgard, for the applicant;

G.E. Matthews, for the respondent.

This application was heard on October 8, 1996, before Hockin, J., of the Ontario Court (General Division), who delivered the following judgment and released the decision on February 7, 1997.