An appeal from a trial judgment finding that the respondents had established title to a disputed strip of land by adverse possession.
The appellants challenged the trial judge's factual findings regarding the presence of a chain link fence that defined the boundary during the relevant ten-year period.
The appellants also sought to introduce fresh evidence consisting of expert opinion based on aerial photographs.
The Court of Appeal upheld the trial judge's decision, finding no palpable and overriding error in the factual findings and rejecting the motion to adduce fresh evidence as late-filed and insufficiently reliable.
