Thursday, February 14, 2013

The law should not discourage neighbourly conduct

1043 Bloor Inc. v. 1714104 Ontario Inc., 2013 ONCA 91 has a useful comment on accommodations by neighbours:

[83]       The policy of the law in this area is clear:  the law ought not to discourage considerate neighbourly behaviour by creating the fear that those acts will later be construed as acquiescence sufficient to give your neighbour rights over your land.  To use the language of Henderson, the doctrine of lost grant ought not to punish Dr. Sochaniwskyj for being a kind and good neighbour nor ought it to reward the aggressor, Mr. Vilhena. 


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