NOVA SCOTIA COURT OF APPEAL
Citation: Knock v. Fouillard, 2007 NSCA 27
Date: 20070228
Docket: CA 267440
Registry: Halifax
Between:
Charles Everett Knock
Appellant
v.
Anne D. Fouillard and John Duckworth
Respondent
Judge: The Honourable Justice Fichaud
Appeal Heard: January 24, 2007
Subject: Easements - interpretation of deeds
Summary: Appellant claimed right-of-way by prescription or by grant over respondents’ property. The trial judge dismissed the claim.
Issue: Does the appellant have a right-of-way and, if so, may he use a motor vehicle?
Result: Court of Appeal affirmed trial judge’s dismissal of claim to prescriptive easement but allowed the appeal respecting easement by grant. The appellant is entitled to modes of passage not involving a motor vehicle.
This information sheet does not form part of the court’s judgment. Quotes must be from the judgment, not this cover sheet. The full court judgment consists of 26 pages. |