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INTERESTS IN LAND - Easements - Extinguishment of easements - Release by dominant owner - By implication - Abandonment

Wednesday, July 19, 2017 @ 9:10 AM  

Appeal by Metrolinx from a decision dismissing its application for a declaration that an Access Easement was valid and ordering it to be relocated. The easement was located on property owned by the respondent, Remicorp Industries Inc. (Remicorp). The Access Easement provided access to an uncontested easement for maintenance of the railway tracks on which the appellant operated its trains (Maintenance Easement). In 2002, the Canadian National Railway Company (CN) conveyed its property to the respondent, but reserved the Access and Maintenance easements to itself. Both...