Background:
Point View Cemetery Inc. owned a cemetery in Saskatchewan and claimed a historical right of way over land owned by Monty Michael Arendt and Cory Robert Arendt. The Arendts disputed this claim, asserting no registered easement existed on their title.

Legal Issues:

1. Whether Point View Cemetery had a valid easement based on:
   • The doctrine of equitable easement.
   • Proprietary estoppel.
2. Whether the application should be decided summarily.

Court Findings:

• The court decided the matter summarily due to the relative simplicity of the legal and factual issues.
• The doctrine of equitable easement did not apply as there was no proven necessity or implied grant of an easement.
• The doctrine of proprietary estoppel was upheld. The court found Point View relied on the implied assurance of access, maintained the right of way at its expense for decades, and suffered detriment due to the Arendts’ blockade. Denying the easement would be inequitable given the historical use and broader community impact.

Conclusion and Award:
The court granted Point View a right of way over the disputed land and ordered the easement be registered. The court awarded $3,000 in costs to Point View Cemetery Inc., recognizing its success in the application.