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Recent decision of the Saskatchewan Court of King's Bench reinforces double checking your work

In a recent decision the Honourable Justice Clackson of the Saskatchewan Court of King's Bench undid an easement asserted by Canadian National Railways on a property they had mistakenly discharged a previous easement.

In Star Processing v Canadian National 2023 SKKB 66 CN had obtained an easement on lands previously owned by them and sold to a previous owner who then sold the lands to Star Processing. Star advised CN that they no longer required a siding agreement with CN who then discharged the easement, albeit in error. The Justice held in the end that the discharge, whether in error or not extinguished CN's right under the original easement and ordered the new easement discharged by the Registrar of Land Titles. This all shows us that we must be deliberate in our actions, and attentive to detail.

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