Appeal dismissed; trial judge's finding of permissive use of property upheld.
The appellants appealed a trial judgment regarding the use of property.
The Court of Appeal upheld the trial judge's finding that the continuous use of the property was permissive, noting the trial judge was entitled to consider the nature of the use, the understanding of participants, and the effect on the property.
The appeal was dismissed with costs awarded to the respondents.
John Gillard and Lorraine Gillard v. David Gillard and Maxine Lane, 2004 ONCA 34842
