Emily G. Villeneuve

Following a trial regarding adverse possession where the respondents were completely successful, the parties made written submissions on costs.

The respondents sought substantial indemnity costs based on offers to settle, while the applicants argued the case was novel and no costs should be awarded.

The court rejected the applicants' argument, finding the case was a classic adverse possession dispute.

The court awarded the respondents partial indemnity costs fixed at $53,605.26, inclusive of disbursements and HST.

The Applicants sought a declaration of ownership over a portion of a shed straddling a property line, claiming adverse possession.

The Respondents, and their predecessors in title, had openly, continuously, and exclusively possessed and renovated the shed since at least 1990, effectively excluding the true owner.

The court found that the Respondents and their predecessors had acquired the rear portion of the shed (Part 1 on Plan 15R-10725) through adverse possession by 2000.

Additionally, the court found that the Applicants had acquired an overhanging roof of a commercial shed (Part 3 on Plan 15R-10725) on the Residential Property through adverse possession.