Law360 Canada ( March 8, 2021, 8:55 AM EST) -- Appeal by NBC Holdings from an order that required it to relocate an easement at its expense and the award of special costs against it. The respondent operated a commercial nursery on its lot. The nursery was dependent on a private water supply from a well on the appellant’s lot, which ran through buried pipe across the Cassidys’ lot to the respondent’s lot. An easement agreement in favour of the respondent covered the maintenance, repair and replacement of the well and pipe that made up the water supply system. It was entered at a time when a municipal water supply was not available. The easement prohibited the construction of buildings and structures over a defined area. In admitted breach of the easement agreement, the appellant constructed a substantial wall over the easement. The appellant brought a petition to cancel the easement. A municipal water supply was currently available, but the parties disputed whether it was sufficient for the respondent’s purposes. The chambers judge ordered the easement to be relocated at the appellant’s expense....