SUPREME COURT OF NOVA SCOTIA
Citation: Boudreau v. Boudreau, 2013 NSSC 403
Date: 20130906
Docket: SN No. 109818
Registry: Sydney, NS
Between:
Ronald Joseph Wayne Boudreau and Mary C. Boudreau
Plaintiffs
v.
Brian Boudreau, Robin Boudreau, Kevin Boudreau and Ronald Boudreau
Defendants
LIBRARY HEADING
Judge: The Honourable Justice Patrick J. Murray
Heard: March 18 and 19, 2013 in Sydney, Nova Scotia
Final Written
Submissions: May 10, 2013
Written
Decision: September 6, 2013
Subject: Real property, Right of Way dispute. Use in common, extent of easement.
Summary: Two brothers had been engaged in a long standing dispute over the use of a right of way. The right of way was to access both commercial and residential properties. An interim order was earlier made that the width of the right of way was 12 feet. The Plaintiff applied to extend the width to 28 feet.
Issue: 1. Jurisdiction to vary the right of way, if any.
2. Assuming jurisdiction existed, should the right of way be varied.
Result: The Court assumed jurisdiction, and ruled that the width of the right of way should be extended from 12 to 18 feet, to allow for its proper use.
Civil Procedure Rules 62.26(2); 62.29(1) (now Rule 90.53(1)) considered.
THIS INFORMATION SHEET DOES NOT FORM PART OF THE COURT'S DECISION. QUOTES MUST BE FROM THE DECISION, NOT THIS LIBRARY SHEET.