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.