The applicants brought an application seeking an order that the respondents remove a portion of their driveway that encroached onto the applicants' property.
The respondents did not provide competing survey evidence or legal authorities, but argued for an adjournment to pursue title insurance and mediation.
The court granted the application, finding the encroachment undisputed and the respondents' arguments legally irrelevant, but allowed 120 days for the removal to accommodate the winter season and the title insurance claim.