The appellants appealed a Small Claims Court decision finding they had trespassed on the respondent's property by erecting fence posts and a gate.
The trial judge awarded damages for the cost of a survey, a culvert, and legal fees.
On appeal, the appellants argued the trial judge erred in his findings of fact regarding the property line and the status of the road, and that some damages were statute-barred.
The Superior Court dismissed the appeal, finding no palpable and overriding error in the trial judge's preference for the respondent's surveyor's evidence, and noting the limitations argument was not properly raised or founded.