The plaintiff moved for an interlocutory injunction to prevent the defendants from blocking access to a laneway on lands owned by the plaintiff.
The defendants cross-moved for an injunction preventing the plaintiff from using the lands, claiming they had acquired title by adverse possession.
The court found the defendants failed to establish a strong prima facie case of adverse possession, as they could not show the true owner was excluded for the requisite 10-year period prior to the lands being converted to Land Titles.
The court granted the plaintiff's motion, ordering the defendants to remove gravel blocking the laneway, and dismissed the defendants' cross-motion.