Case Overview:
The Petitioners, Qing He Zhang and Min Yu, disputed an easement on their agricultural property near Nanaimo Airport. The Nanaimo Airport Commission (NAC) planned to use the easement to install federally required navigational lighting as part of an infrastructure upgrade.

Legal Issues:
The Petitioners sought to cancel the easement under section 35 of the Property Law Act, arguing it was invalid, obsolete, and interfered with their organic farm operations. They claimed it caused harm without benefiting the NAC. The NAC invoked the doctrine of interjurisdictional immunity, asserting that provincial agricultural laws could not restrict federally regulated aeronautics activities.

Court’s Findings:
The court found the easement valid and not obsolete, as it was granted for anticipated future use. It concluded the easement benefited the NAC and the community while cancellation would cause harm. The court upheld the NAC’s constitutional argument that provincial laws could not impair federal authority over aeronautics.

Outcome and Costs:
The court dismissed the Petitioners’ application and awarded Scale B costs to the NAC. The case highlighted the enforceability of property rights and the precedence of federal jurisdiction in aeronautics.