Case information
Conduct a refined search of the Supreme Court of Canada database to obtain details on the status of a matter before the Court.
40842
Amos Allen Shiner v. Hydro One Networks Inc.
(Ontario) (Civil) (By Leave)
Docket
Judgments on applications for leave to appeal are rendered by the Court, but are not necessarily unanimous.
| Date | Proceeding | Filed By (if applicable) |
|---|---|---|
| 2025-02-05 | Close file on Leave | |
| 2025-01-31 |
Correspondence (sent by the Court) to, parties, RE: Certificate of Taxation |
|
| 2025-01-30 | Certificate of taxation issued to, Reeva M. Finkel | |
| 2025-01-30 | Decision on the bill of costs, in the amount of $1,096.75, Reg | |
| 2025-01-30 | Submission of the bill of costs, Reg | |
| 2024-06-04 | Bill of costs, Completed on: 2024-07-08 | Hydro One Networks Inc. |
| 2024-05-16 | Copy of formal judgment sent to Registrar of the Court of Appeal and all parties | |
| 2024-05-16 | Judgment on leave sent to the parties | |
| 2024-05-16 |
Judgment of the Court on the application for leave to appeal, The motion for an extension of time to serve and file the application for leave to appeal is granted. The motion for an extension of time to serve and file the reply is granted. The application for leave to appeal from the judgment of the Court of Appeal for Ontario, Number C70580, 2023 ONCA 346, dated May 15, 2023, is dismissed with costs. Dismissed, with costs |
|
| 2024-05-16 |
Decision on motion to extend time, See decision on application Granted |
|
| 2024-05-16 |
Decision on motion to extend time to file and /or serve the leave application, See decision on application Granted |
|
| 2024-04-02 | All materials on application for leave submitted to the Judges, for consideration by the Court | |
| 2024-04-02 | Submission of motion to extend time, for consideration by the Court | |
| 2024-04-02 | Submission of motion to extend time to file and/ or serve the leave application, for consideration by the Court | |
| 2023-10-04 |
Motion to extend time, (Book Form), to file and serve the reply REQUIRED - filing fee (rec'd 2024-04-05), Completed on: 2024-05-03, (Printed version due on 2023-10-12) |
Amos Allen Shiner |
| 2023-09-21 | Applicant's reply to respondent's argument, (Letter Form), Motion to extend time required (rec'd 2023-10-04), Completed on: 2023-10-12, (Printed version due on 2023-09-28) | Amos Allen Shiner |
| 2023-09-06 | Notice of name, (Letter Form), (Printed version filed on 2023-09-07) | Hydro One Networks Inc. |
| 2023-09-06 | Certificate (on limitations to public access), (Letter Form), Form 23A, (Printed version filed on 2023-09-07) | Hydro One Networks Inc. |
| 2023-09-06 | Respondent's response on the application for leave to appeal, (Book Form), Completed on: 2023-09-07, (Printed version filed on 2023-09-07) | Hydro One Networks Inc. |
| 2023-08-24 |
Motion to extend the time to file and or serve the application for leave to appeal, (Book Form), Missing: - Filing fee (rec'd 2024-04-05), Completed on: 2024-05-03 |
Amos Allen Shiner |
| 2023-08-24 | Certificate (on limitations to public access), Form 23A | Amos Allen Shiner |
| 2023-08-18 | Letter acknowledging receipt of an incomplete application for leave to appeal, FILE OPENED: 2023-08-18 | |
| 2023-08-15 |
Application for leave to appeal, (Book Form), Missing: - Motion for extension of time (rec'd 2023-08-24) - CA Order (rec'd 2023-08-24) - Form 23A (rec'd 2023-08-24) - Filing fee (rec'd 2023-08-28), Completed on: 2023-08-29, (Printed version filed on 2023-08-25) |
Amos Allen Shiner |
Parties
Please note that in the case of closed files, the “Status” column reflects the status of the parties at the time of the proceedings. For more information about the proceedings and about the dates when the file was open, please consult the docket of the case in question.
Main parties
| Name | Role | Status |
|---|---|---|
| Shiner, Amos Allen | Applicant | Active |
v.
| Name | Role | Status |
|---|---|---|
| Hydro One Networks Inc. | Respondent | Active |
Counsel
Party: Shiner, Amos Allen
Counsel
95 Barber Greene Road
Suite 100
Toronto, Ontario
M3C 3E9
Telephone: (416) 446-3329
FAX: (416) 449-7071
Email: marc.kemerer@devrylaw.ca
Party: Hydro One Networks Inc.
Counsel
Brendan Jones
2 Queen Street East
Suite 1500
Toronto, Ontario
M5C 3G5
Telephone: (416) 593-3959
FAX: (416) 593-5437
Email: rfinkel@blaney.com
Agent
340 Gilmour Street
Suite 100
Ottawa, Ontario
K2P 0R3
Telephone: (613) 695-8855 Ext: 102
FAX: (613) 695-8580
Email: mfmajor@supremeadvocacy.ca
Summary
Keywords
Property — Real property — Easements — Prescriptive easements — Whether hydro company’s use of road meets test for prescriptive easement — Whether application judge erred in deciding no prescriptive easement was created.
Summary
Case summaries are prepared by the Office of the Registrar of the Supreme Court of Canada (Law Branch). Please note that summaries are not provided to the Judges of the Court. They are placed on the Court file and website for information purposes only.
In the 1930s, Hydro One Networks Inc. (Hydro One)’s predecessor company built a transmission line and towers that passed through the property that now belongs to Mr. Shiner. Hydro One must access the hydro easement to service and maintain the towers and trim the vegetation around the transmission towers. To reach the hydro easement, they have traditionally travelled over the portion of road now owned by Mr. Shiner. Mr. Shiner objects to Hydro One’s use of his road.
The application judge dismissed the application, ruling that Hydro One had failed to demonstrate that its use of the road was such that it created a prescriptive easement. The Court of Appeal allowed the appeal, granting the declaration that Hydro One established a permanent prescriptive easement.
Lower court rulings
Ontario Superior Court of Justice
2022 ONSC 1893, CV-21-18
Application for a permanent prescriptive easement dismissed
Court of Appeal for Ontario
2023 ONCA 346, C70580
Appeal allowed; declaration of a permanent prescriptive easement granted
Filed documents
The memorandums of argument on an application for leave to appeal will be posted here 30 days after leave to appeal has been granted unless they contain personal information, information that is subject to a publication ban, or any other information that is not part of the public record. You may also obtain copies of the memorandum by filling out the Request for Court records form or by contacting the Court’s Records Centre either by email at records-dossiers@scc-csc.ca or by telephone at 613‑996‑7933 or at 1‑888‑551‑1185.
If you have questions about a memorandum of argument or want to use a memorandum of argument, please contact the author of the memorandum of argument directly. Their name appears at the end of the memorandum of argument. The contact information for counsel is found in the “Counsel” tab of this page.
Downloadable PDFs
Not available
Related links
The factums of the appellant, the respondent and the intervener will be posted here at least 2 weeks before the hearing unless they contain personal information, information that is subject to a publication ban, or any other information that is not part of the public record. You may also obtain copies of factums by filling out the Request for Court records form or by contacting the Court’s Records Centre either by email at records-dossiers@scc-csc.ca or by telephone at 613‑996‑7933 or at 1‑888‑551‑1185.
If you have questions about a factum or want permission to use a factum, please contact the author of the factum directly. Their contact information appears on the first page of each factum.
Downloadable PDFs
Not available
Related links
The condensed books of the appellant, the respondent and the intervener will be posted here upon receipt of the electronic version, 2 days prior to the scheduled appeal hearing. You may also obtain copies of condensed books by filling out the Request for Court records form or by contacting the Court’s Records Centre either by email at records-dossiers@scc-csc.ca or by telephone at 613‑996‑7933 or at 1‑888‑551‑1185.
If you have questions about a condensed book or want permission to use a condensed book, please contact the author of the condensed book directly. Their contact information appears on the first page of each condensed book.
Downloadable PDFs
Not available