Law360 Canada (August 25, 2023, 5:56 AM EDT) -- Appeal by Friuli Long Term Care (“LTC”) from application judge’s determination that rights granted by Easement did not include right to stationary parking. The appellants argued that the application judge erred by failing to hold that its rights under the Easement included parking rights. Primont cross-appealed arguing that the application judge erred in law in refusing to include the Proposed Additional Declaration in the formal Judgment. Primont agreed to purchase real property owned by the respondent. Primont was a residential real estate developer. Primont’s agreement of purchase and sale (“APS”) was conditional on the respondent obtaining a release of reciprocal easements registered against the Property and the two adjoining lands of Friuli Benevolent Corporation and LTC. Primont commenced an application prior to closing the APS, seeking a declaration that the easements registered against the Property did not include the right to park on the Property. The application judge determined that the rights granted by the Easement did not include the right to stationary parking on the Property. The application judge refused Primont’s request to add a further declaration that the Easement did not prevent redevelopment of the Property provided a minimum of one access to a public highway was maintained....