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Easements - Standard of Review (SOR). 1711811 Ontario Ltd. v. Buckley Insurance Brokers Ltd.
In 1711811 Ontario Ltd. v. Buckley Insurance Brokers Ltd. (Ont CA, 2025) the Ontario Court of Appeal dismissed an appeal, here regarding an express easement grant.
Here the court considers the appellate SOR for easement issues:[41] One point relating to the standard of review merits clarification. As this court has held, “[t]he construction of an easement is a question of mixed fact and law which means that, absent an extricable error of law, or a palpable and overriding error on a question of fact, an application judge’s interpretation of a deed is owed deference on appeal”: Reddick v. Robinson, 2024 ONCA 116, 493 D.L.R. (4th) 134, at para. 13, leave to appeal refused, [2024] S.C.C.A. No. 41230, citing Yekrangian v. Boys, 2021 ONCA 629, 462 D.L.R. (4th) 129, at para. 19; and Owners, Strata Plan LMS 3905 v. Crystal Square Parking Corp., 2020 SCC 29, [2020] 3 S.C.R. 247, at para. 101.
[42] Further, this court has reiterated that the principles of contractual interpretation, as set out in the Supreme Court decision of Sattva Capital Corp. v. Creston Moly Corp., 2014 SCC 53, [2014] 2 S.C.R. 633, apply to the interpretation of an easement: Reddick, at para. 15, citing Herold Estate v. Canada (Attorney General), 2021 ONCA 579, 157 O.R. (3d) 561, at para. 44.
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