Joseph Pignatelli

The individual defendants, officers and directors of BMW Canada Inc., brought a motion to strike the Amended Statement of Claim against them, arguing it failed to disclose a reasonable cause of action.

The plaintiffs alleged various torts including negligence, breach of fiduciary duty, and intentional interference with economic relations.

The court granted the motion, finding that the pleading failed to establish a basis for personal liability against the individual defendants, as their alleged actions were within their corporate capacity, and the elements for the pleaded torts were not properly established.

Leave to amend was granted, and costs were awarded to the individual defendants.

Aragon brought an application for a declaration that Piller and its tenants were obstructing Aragon's right of way over an L-shaped parcel of land.

Piller brought a cross-application claiming it had acquired possessory title to the L-shaped land and a portion of Aragon's land through adverse possession by its tenants, and that Aragon had abandoned its right of way.

The court found that Piller's tenants, as trespassers, did not meet the high threshold for adverse possession, particularly the inconsistent use requirement, as their use was not inconsistent with the servient owner's intended use.

Furthermore, the court found no evidence that Aragon or its predecessors intended to abandon the expressly granted right of way.

Aragon's application was granted, and Piller's cross-application was dismissed.

Piller was ordered to remove the obstructions.