The parties disputed the ownership of a portion of beachfront land and an isthmus connecting a small island to the mainland in Georgian Bay.
The respondent held paper title to the disputed land, which had ambulatory boundaries that changed with the water level.
The applicant, who owned the island, claimed possessory title or a prescriptive easement over the disputed land, arguing that she and her predecessors had used it continuously for access and recreation under the mistaken belief that they owned it.
The court found that the applicant had established adverse possession, as the possession was open, notorious, and continuous for the requisite statutory period prior to the land's conversion to the Land Titles system.
The court also held that occasional inundation of the land by water did not interrupt the limitation period for adverse possession of riparian property.
The respondent's expert witness evidence was rejected due to bias.
The applicant was declared the owner in fee simple of the disputed land.
