Donald Posluns

The appellants appealed a decision finding they did not have a substantial interest in a property.

The Court of Appeal held that even considering the appellants' $130,000 equity in the property, they could not show the requisite substantial interest.

Combined with the absence of persuasive evidence of alternative funding, the application judge correctly concluded there were no special circumstances.

The appeal was dismissed with costs fixed at $6,000.

The appellants appealed a judgment finding that the respondent acquired ownership of disputed land through adverse possession.

The parties' predecessors in title had severed a property in 1960 and mistakenly believed the boundary divided a pond equally, contrary to the registered metes and bounds description.

The Court of Appeal dismissed the appeal, affirming that the test of inconsistent use does not apply to adverse possession claims based on mutual mistake.

The court upheld the finding of adverse possession but modified the order to grant an easement rather than a conveyance for a specific portion of the land.