Law360 Canada ( March 5, 2021, 6:17 AM EST) -- Appeal by the homeowners from a decision of an application judge ordering them to remove pool amenities. Part of the appellants’ backyard was subject to a 1972 easement held by the respondents. The easement prohibited the erection of any building or structure within that strip of land. The appellants knew about the easement when they bought the property and proceeded to build pool amenities without a municipal building permit on the strip subject to the easement. They believed the easement was abandoned or never used. Located within the easement was an underground conduit that housed a hydro cable providing electricity to a neighbouring property. The application judge declared the pool amenities to be a building or structure erected on the land that was subject to the easement, and thus an actionable encroachment upon it....