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Deeds - Interpretation

Raimondi v. Ontario Heritage Trust (Ont CA, 2018)

In this case the Court of Appeal states a principle of deed interpretation:
[11] Where, as here, an easement is expressly created by written agreement, the scope of the easement is to be determined by interpreting the text. What is the agreement that the original parties made that now binds their successors? The basic interpretive methodology was stated by this court in Fallowfield et al. v. Bourgault et al. (2003), 2003 CanLII 4266 (ON CA), 68 O.R. (3d) 417 (C.A.), at para. 10: “[w]here an easement is created by express grant, the nature and extent of the easement are to be determined by the wording of the instrument creating the easement, considered in the context of the circumstances that existed when the easement was created.”

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