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Ontario Court of Appeal affirms that effective exclusion must be part of adverse possession claim

Friday, June 30, 2017 @ 12:47 PM | By Paula Kulig

The Ontario Court of Appeal has dismissed a trial judge’s decision that a couple involved in a boundary disagreement could claim title to the disputed lands by adverse possession, ruling that effective exclusion of their neighbour did not occur.

Peter Quinlan, Waterous Holden Amey Hitchon LLPJustice Gary Trotter, writing on behalf of Justices Gloria Epstein and Mary Lou Benotto in Pepper v. Brooker 2017 ONCA 532, ruled that the trial judge committed an error of law by allowing the couple’s adverse possession claim without a finding...