M.D. McArthur

The appellants appealed a summary judgment dismissing their claim for adverse possession.

The Court of Appeal upheld the motion judge's finding that the third requirement for adverse possession—effective exclusion of the true owner—applies even in cases of mutual mistake and was not met on the facts.

The appeal was dismissed, but the trial costs award was reduced from full indemnity to substantial indemnity.

The appellant appealed his convictions under the Highway Traffic Act, arguing his modified 1976 Chevrolet pick-up truck was exempt as a 'self-propelled implement of husbandry'.

The vehicle had been modified with a diesel engine, four-wheel drive, snow tires, and a heavy hitch for towing irrigation equipment.

The Court of Appeal dismissed the appeal, holding that the modifications did not objectively transform the essential character or function of the vehicle for a specific use in farming, but merely made it better suited for general farm use.