1711811 Ontario Ltd. v. Buckley Insurance Brokers Ltd.
1711811 Ontario Ltd.
Law Firm / Organization
Book Erskine LLP
Lawyer(s)

Sara Jane Erskine

Olga Maria Paiva, operating as Adline
Law Firm / Organization
Book Erskine LLP
Lawyer(s)

Sara Jane Erskine

Buckley Insurance Brokers Ltd.
Law Firm / Organization
Rosenstein Law
Robert Buckley
Law Firm / Organization
Rosenstein Law
1730849 Ontario Ltd.
Law Firm / Organization
Rosenstein Law
Corporation of the Town of Newmarket
1979286 Ontario Inc.
Law Firm / Organization
Rosenstein Law

Background

  • 1711811 Ontario Ltd. (owned by Olga Maria Paiva) operates a commercial-residential building at 255 Main St., Newmarket.
  • Robert Buckley’s company, 1730849 Ontario Ltd., owns an adjacent property (247 Main St.) with a tunnel subject to an easement in favor of Paiva.
  • The tunnel is the only access to Paiva’s loading dock.

Dispute

  • Paiva’s Claims: Buckley interfered with her easement by modifying the tunnel’s structure and allowing vehicles to block it. She also claimed the Town of Newmarket enabled these interferences by issuing permits.
  • Buckley’s Counterclaim: Paiva wrongfully parked on his parking pad, asserting that her parking was an ancillary right under the easement.

Trial Decision

  • Easement Rights: The 1957 Deed granted Paiva a right-of-way but not exclusive control.
  • Substantial Interference: The court found Buckley’s structural changes did not materially affect access, but parking in the tunnel did interfere.
  • Liability of Newmarket: Dismissed, as its permit approvals did not amount to interference.
  • Injunction & Damages: A permanent injunction was issued to prevent tunnel parking, but Paiva was denied monetary damages.
  • Parking Rights: The court ruled Paiva had no right to park in the tunnel or on Buckley’s adjacent lot.

Appeal Decision

  • Paiva’s Appeal: Dismissed; the trial ruling on easement scope, interference, and parking was upheld.
  • Buckley’s Appeal: Dismissed; the parking injunction was deemed justified.
  • Costs: The trial court’s cost award in favor of Buckley and Newmarket was upheld.

Final Order: Both appeals dismissed; $10,000 in costs awarded to Newmarket.

Court of Appeal for Ontario
COA-23-CV-1378; COA-24-CV-0016
Civil litigation
$ 10,000
Respondent