In Joannides v. Delaney (Ont CA, 2024) the Ontario Court of Appeal dismisses an easement appeal, where two easements were set out in several documents. Here the court considers the 'ancillary rights' easement doctrine:
(3) Ancillary Rights Doctrine
[51] An easement includes the grant of such ancillary rights as are reasonably necessary for its exercise: Fallowfied, at para. 11, Primont (Castelmont) Inc. v. Friuli Benevolent Corporation, 2023 ONCA 477, 484 D.L.R. (4th) 240, at para. 29. In Boone v. Brindley (2003), 2003 CanLII 20920 (ON CA), 179 O.A.C. 50 (Ont. C.A.), at para. 2, this court held that the determination of what is reasonably necessary to the enjoyment of a right-of-way requires a consideration of “the language of the conveyance creating the easement, the purpose and circumstances surrounding the creation of the right of way, the history of its development and the circumstances of its use.”
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