What is the test for determining whether a servient tenement owner has interfered with the intended use and enjoyment of an easement?
Ontario, Canada
The following excerpt is from Raimondi v Ontario Heritage Trust, 2017 ONSC 3389 (CanLII):
Only after the extent of an easement has been determined, should the court consider whether what has been done by the servient tenement owner constitutes a substantial interference with the intended use and enjoyment of the easement: Fallowfield v. Bourgault, supra.
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