John Paul Robert Cassan

The appellant appealed a decision determining he had no ownership interest in a disputed parcel of land.

The appellant argued the application judge lacked jurisdiction to decide ownership, but the Court of Appeal noted the appellant's own Notice of Application sought a declaration of ownership.

The Court found ample evidence supporting the application judge's decision, as the appellant's title only conveyed part of Lot 4, and the survey he relied upon erroneously included part of Lot 1.

The appeal was dismissed with costs awarded to the respondent.

The appellants challenged the trial judge's factual findings and legal conclusions in a trespass action.

The Court of Appeal held there was evidence supporting the findings and no reasonable basis for appellate intervention.

The limitation defence failed because the trespass was found to be continuing, and the Statute Labour defence failed because the factual premise for that defence was rejected at trial.

The award of punitive damages was upheld and the appeal was dismissed with costs.