Gregory Roberts

This appeal concerned a dispute over a shared boundary between lakefront cottage properties and the location of a dock.

The trial judge found the boundary to be ambulatory, extending to the water's edge, and that the land under the dock was adversely possessed, but the dock could not impede riparian rights.

The Court of Appeal dismissed both the main appeal, which challenged the boundary determination and the application of accretion/avulsion principles, and the cross-appeal, which challenged the adverse possession finding.

The court found no reversible error in the trial judge's determination of the boundary based on grantor's intent and upheld the adverse possession finding, noting it was supported by evidence.

In a receivership proceeding, the Receiver brought a motion for declaratory relief regarding amounts owed under a loan and mortgage by the respondents.

The respondents brought a cross-motion arguing the Receiver's claim was barred by the two-year limitation period under the British Columbia Limitation Act.

The court found that while the respondents had not acknowledged liability to extend the limitation period, a prior petition commenced by the respondents in British Columbia within the limitation period preserved the claim.

The court held the Receiver's motion was not statute-barred and could proceed to be determined on its merits.

The plaintiffs brought a motion for further document production, including an independent search of a defendant's emails, and costs thrown away due to a trial adjournment.

The defendants brought motions for leave to amend a statement of defence and for production of settlement agreements between the plaintiffs and other defendants.

The court dismissed the plaintiffs' discovery motion, finding they had declared readiness for trial despite knowing of the alleged document deficiencies.

The defendants' motion for production of settlement agreements was granted in part, with individual settlement amounts ordered redacted.