Supreme Court

Decision Information

Decision Content

 

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.

 You are being directed to the most recent version of the statute which may not be the version considered at the time of the judgment.