The appellant appealed a trial judgment granting the respondent possessory title over a portion of his beachfront property by way of adverse possession or, alternatively, a prescriptive easement.
The Court of Appeal allowed the appeal in part, setting aside the finding of adverse possession because the respondent had not effectively excluded the appellant from the property.
The Court also varied the easement finding, limiting it to non-vehicular traffic on a specific path, as there was no continuous 20-year period of vehicular use.
The trial judge's costs orders, including an order against the appellant's counsel personally, were set aside.
