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Blog
Family Cottage Squabbles: Court orders family members to stop interfering with each other’s enjoyment of cottage property
Tuesday, April 13, 2021James R.G. CookLitigationReal Estate, Cottage Country, Trusts
Cottage properties may be used by extended families over the years without regard to who has legal title or whether there are legally binding rules for ownership and use. When senior members of family age, disputes may...
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A short walk to the beach – What is reasonably necessary for a prescriptive easement?
Thursday, April 1, 2021James R.G. CookLitigationEasement, Cottage Country, Lakefront
One of the requirements to establish a prescriptive easement is that it is “reasonably necessary” for the better enjoyment of the owner of the land who claims the prescriptive ...
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Airbnb renters of landlocked cottage allowed to access lake via right-of-way
Monday, February 22, 2021James R.G. CookLitigationAirbnb, Right-of-way Access, Bay of Quinte, Cottage Country
It is not uncommon for non-lakefront cottage properties in Ontario to have access to the water via a right-of-way (ROW). ROWs may be registered on title or...
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Township Liable to Muskoka Cottage Owners for Failing to Inspect Building Permit
Wednesday, January 27, 2021James R.G. CookLitigationCottage Country, Muskoka, Building Code Act, Building Code
Owners of a cottage in Muskoka obtained judgment against the Township of the Lake of Bays in the amount of $361,875, resulting from the...
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Dock Dispute leads to Nuisance Claim and $598,000 Costs Award
Monday, November 9, 2020James R.G. CookLitigation, Real EstateCottage Country, Ontario Court of Appeal, Damages, Ontario Ministry of Natural Resources and Forestry, Lake Simcoe, Boat Dock
After years of litigation, a dispute between neighbours of waterfront properties on Lake Simcoe led to a mandatory order requiring the removal...
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Municipality Restrained from Interfering with Cottage Owners’ use of Fire-Pit Lands
Friday, November 6, 2020James R.G. CookLitigation, Real EstateCottage Country, Zoning By-Law, Georgian Bay, Fire-Pit
Seasonal residents of cottage properties in Tiny Township obtained an injunction prohibiting the municipality from interfering with their use of disputed lands containing...
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Lake access easements should be carefully scrutinized prior to purchase
Friday, September 4, 2020James R.G. CookLitigation, Real EstateCottage Country, Right-of-way Access, Lake Waseosa
In a dispute not uncommon to Canadian cottage country, the Ontario Court of Appeal recently addressed whether the owner of a non-lakefront property...
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