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It is a long-standing principle of Quebec civil law that the owner of property enclosed by that of others may require one of them to provide the necessary right of way to use and exploit her land. This principle strikes a delicate but important balance between the right to access one’s property via the public road, and the right of neighbouring owners to enjoy their property free of trespass and without undue annoyance.

Sunday, December 9, 2018 might have seemed like any other ordinary day, but it wasn’t. It was the day the delay to inscribe the case of Bentivoglio et al. v. Léger was set to expire. The attorney for the plaintiffs had a problem. He hadn’t communicated with opposing counsel to finalize the joint declaration of […]