Background Facts:
Patrick Wayne Weatherill purchased SL 18 on Sakinaw Lake, B.C., in 1989. William and Elaine Sievewright bought neighboring SL 19 in 1998. An easement provided vehicular access from common property to the lakeshore of SL 19 through SL 18. In 1999, Weatherill unilaterally altered the driveway, making it steeper and smaller to increase buildable space. The Sievewrights objected, claiming the changes made access more dangerous.

Legal Issues:
The court addressed whether:

1. The easement had become obsolete.

2. Modifying the easement would impede reasonable land use without benefiting others.

3. The Sievewrights had agreed to modify the easement.

4. The court should exercise discretion to grant the modification.

Legal Arguments:
Weatherill argued that the altered driveway served the same purpose as the original and claimed a verbal agreement existed with the Sievewrights to modify it. The Sievewrights denied any agreement and argued that the original easement remained safer and more practical.

Court Decision:
The court found that the original easement continued to provide a practical benefit and that no valid agreement to modify it existed. Weatherill did not meet the legal requirements for modification under Section 35(2) of the Property Law Act.

Costs/Award:
The court did not specify an award of costs in favor of either party.

Conclusion:
The petition to modify the easement was dismissed, and the original easement remained intact?.