The defendant brought a motion for summary judgment seeking a declaration of ownership by adverse possession over a cottage property and a prescriptive easement over a right of way.
The property was originally owned by the defendant's father, who mistakenly believed he had gifted it to the defendant.
The court found that the defendant established adverse possession over most of the cottage property due to mutual mistake, which negated the requirement for inconsistent use.
However, the claim for adverse possession over an adjacent strip of land was dismissed for lack of actual possession.
The court also granted the defendant a prescriptive easement over the right of way based on over 40 years of uninterrupted use.
