Case information
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41969
Timothy Zinck, et al. v. Barbara Stewart
(Nova Scotia) (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) |
|---|---|---|
| 2026-04-07 | Close file on Leave | |
| 2026-04-02 | Copy of formal judgment sent to Registrar of the Court of Appeal and all parties | |
| 2026-04-02 | Judgment on leave sent to the parties | |
| 2026-04-02 |
Judgment of the Court on the application for leave to appeal, The application for leave to appeal from the judgment of the Nova Scotia Court of Appeal, Number CA 536352, 2025 NSCA 43, dated June 5, 2025, is dismissed with costs. Dismissed, with costs |
|
| 2026-02-23 | All materials on application for leave submitted to the Judges, for consideration by the Court | |
| 2025-10-16 |
Applicant's reply to respondent's argument, (Book Form), Missing: -Proof of service (Received 2025-10-17), Completed on: 2025-10-20, (Printed version filed on 2025-10-20) |
Timothy Zinck |
| 2025-10-06 | Certificate (on limitations to public access), (Letter Form), Form 23B, (Printed version filed on 2025-10-07) | Barbara Stewart |
| 2025-10-06 | Certificate (on limitations to public access), (Letter Form), Form 23A, (Printed version filed on 2025-10-07) | Barbara Stewart |
| 2025-10-06 |
Respondent's response on the application for leave to appeal, (Letter Form), Missing: -Proof of service (Received October 8, 2025) , Completed on: 2025-10-08, (Printed version filed on 2025-10-07) |
Barbara Stewart |
| 2025-09-19 | Supplemental document, (Letter Form), (Included in the application for leave to appeal), (Printed version due on 2025-09-26) | Timothy Zinck |
| 2025-09-08 | Letter advising parties of a complete application for leave to appeal, FILE OPENED; | |
| 2025-09-04 | Notice of name, (Letter Form), (Printed version filed on 2025-09-04) | Timothy Zinck |
| 2025-09-04 | Certificate (on limitations to public access), (Letter Form), Public access form;, (Printed version filed on 2025-09-04) | Timothy Zinck |
| 2025-09-03 | Application for leave to appeal, (Book Form), Completed on: 2025-09-03, (Printed version filed on 2025-09-04) | Timothy Zinck |
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 |
|---|---|---|
| Zinck, Timothy | Applicant | Active |
| Zinck, Barbie Mosher | Applicant | Active |
v.
| Name | Role | Status |
|---|---|---|
| Stewart, Barbara | Respondent | Active |
Counsel
Party: Zinck, Timothy
This party is not represented by counsel.
Party: Zinck, Barbie Mosher
This party is not represented by counsel.
Party: Stewart, Barbara
Counsel
Nova Centre – South Tower
1500-1625 Grafton Street
Halifax, Nova Scotia
B3J 0E8
Telephone: (902) 491-4233
FAX: (902) 421-3130
Email: jflinn@coxandpalmer.com
Summary
Keywords
Property — Real property — Easements — Lower court granting prescriptive easement over applicants’ property in favour of respondent’s property as legal test was met — Court of Appeal dismissing appeal, as lower court clearly understood and properly applied law of prescriptive easements — Whether application raises issue of public importance.
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.
Ms. Stewart and the Zincks owned adjacent properties and a dispute arose over the existence of a prescriptive easement running over the Zincks’ property to allow access to the Stewart property. The hearing judge held that Ms. Stewart had demonstrated an open, uninterrupted, continuous and peaceful possession of the property for the requisite period and granted Ms. Stewart’s property a prescriptive easement and right of way, along with a mandatory injunction preventing the Zincks from continuing to interfere with the Stewart property’s right of way. The Court of Appeal dismissed the appeal, holding that the lower court clearly understood and properly applied the law.
Lower court rulings
Application granted and counterclaim dismissed; prescriptive easement and right of way declared and mandatory injunction issued
Appeal dismissed
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