What is the test for establishing that an easement granted by the Court of Appeal should be discharged?
Saskatchewan, Canada
The following excerpt is from MC3 Resources Inc v Hogan, 2014 SKQB 109 (CanLII):
The respondent argues that the applicant has not adduced a sufficient evidentiary foundation in support of its application. The respondent is correct to assert that it is the applicant who bears the onus of proving that the easement should be discharged (Fyfe v. James, (2006), 2006 CanLII 2186 (ON SC), 42 R.P.R. (4th) 221, [2006] O.J. No 325 (QL) (Ont. Sup.Ct.) at para. 21. It is therefore incumbent on the applicant to adduce evidence in support of its application.
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