Deeds

'Deeds' are formal documents, created by specific formalities and subject to unique law, for instance that contracts made under deed need not have the element of consideration.

. Yekrangian v. Boys

In Yekrangian v. Boys (Ont CA, 2021) the Court of Appeal considered the interpretation of an easement express grant:

[20] The rights of way were created by express grant. The methodology for interpreting an easement created by express grant is of long standing and was summarized by this court in Fallowfield v. Bourgault (2003), 2003 CanLII 4266 (ON CA), 68 O.R. (3d) 417 (C.A.), at para. 10:

Where 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.

. Raimondi v. Ontario Heritage Trust

Here in Raimondi v. Ontario Heritage Trust (Ont CA, 2018) an easement created by deed had to be interpreted:

[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.”