The appellants appealed a trial judgment dismissing their claim for adverse possession over certain property areas, including a buffer zone.
The Court of Appeal dismissed the appeal, finding that the trial judge's acceptance of evidence regarding the area south of Tree Line One was fatal to that part of the claim.
Regarding the western buffer zone, the Court held it was open to the trial judge to find that the appellants' use did not exclude the true owner's proprietary use of the land.
The appeal was dismissed with costs.
