Ontario Court Upholds Certainty of Title, Limits Easement Rights in Maitland Street Development Dispute

The Ontario Superior Court has ruled in favour of OEF Village Green Nominee Inc. in a dispute over the scope of a registered easement affecting its Toronto property. The case arose from Carlyle Yonge Maitland GP Inc.'s proposed 62-storey, 600-plus unit residential development at 33 and 37 Maitland Street, which sought expanded access over a driveway partiality burdened by an easement dating to 1965.

Following a two-day hearing, Justice Pollak dismissed Carlyle's cross-application in full, confirming that its rights were confined to the express terms and dimensions of the registered instrument, benefiting only 37 Maitland Street.

The court held that historical use or informal accomodation cannot expand rights where title is guaranteed under Land Titles Absolute, reinforcing the certainty and protections central to Ontario's land titles system. OEF was awarded US$109,000(C$150,0000 in costs.

Advisory Team:

AIRD & BELLIS LLP

Brian Chung

Kristen Shorer

Maggie Bassani

Alexander Suriano

Trevor Crowley