Vivekanandan v. Terzian (Ont. C.A.) 443 DLR (4th) 678

This appeal discusses an evolution in the test of “reasonable necessity” in the context of a prescriptive easement.  The court of appeal found that the application judge failed to determine whether alleged easement was “reasonably necessary” to better enjoyment of alleged dominant tenement.  Historic use relied upon may have involved personal convenience, but did not serve as reasonably necessary accommodation to the property.