The appellant appealed the dismissal of his claim for possessory title over a family cottage property and sought an increase in an $18,000 unjust enrichment award for improvements made to the land.
The respondents cross-appealed the unjust enrichment award.
The Court of Appeal held that the appellant's parents occupied the property as licensees under a family arrangement, not as tenants at will, meaning the limitation period under s. 5(7) of the Real Property Limitations Act was never triggered.
The Court upheld the unjust enrichment award, finding the application judge reasonably assessed the value of the improvements.
Both the appeal and cross-appeal were dismissed.
