Background:
The Grier petitioners, who are elderly, built the stairs in 2021 to access the waterfront, arguing that the steep terrain made it unsafe without them. The Armstrongs objected to the construction, citing interference with their property rights and arguing that the easement did not permit such a structure. After the staircase was built, the District of North Saanich issued permits retroactively, despite objections from the Armstrongs. The Armstrongs sought a judicial review to overturn the permit decision and requested the removal of the stairs.

Legal Issues:
The key issues were whether the easement included the right to build the stairs as a necessary ancillary right and whether the District acted reasonably in issuing permits retroactively.

Court Findings:
The court found that the easement included the right to build stairs as an ancillary right necessary for safe access. It deemed the District’s decision to issue permits reasonable, emphasizing that the property dispute should be resolved between the neighbors.

Outcome and Costs:
The court dismissed the Armstrongs’ petition for judicial review and granted a declaration in favor of the Grier petitioners. The Grier petitioners and the District were awarded costs on Scale B for both petitions due to the interconnected nature of the cases.