Respondent
Claimant
Facts: 0717540 B.C. LTD sought to cancel a parking easement granting parking rights over its property to The Owners, Strata Plan EPS4116, arguing the easement had become obsolete due to changes in property use and development.
Issue: Whether the parking easement should be cancelled under the Property Law Act due to obsolescence or other grounds provided by the petitioner.
Court's Ruling: The court granted the petitioner's request to cancel the parking easement, finding it obsolete under s. 35(2)(a) of the Property Law Act due to significant changes in the character of the land and the original purposes of the easement being overtaken by subsequent developments.
Costs/Damages Awarded: The petitioner, 0717540 B.C. LTD, is entitled to its costs on the normal scale of difficulty.
Court
Supreme Court of British ColumbiaCase Number
S22327Practice Area
Real estateAmount
Winner
ClaimantTrial Start Date
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