Friday Harbour and its predecessors operated a marina on Lake Simcoe, which involved dredging a channel that submerged part of a right of way (Block C) and using the remaining 'Marina strip' exclusively since the 1960s.
The defendant, owner of Block C, argued the right of way was abandoned and counterclaimed for trespass.
The court found that Friday Harbour acquired ownership of the Marina strip by adverse possession, as its use was open, notorious, exclusive, and inconsistent with the titled owner's intended use.
However, the court also found that Friday Harbour had abandoned its right of way over the 'Western strip' of Block C, as it had relied on the impassability of the barrier between the strips to establish its adverse possession claim.
