COURT OF APPEAL FOR ONTARIO
RE:
BELLE GREENBERG AND BRENDA WENDY ROSS (Plaintiffs/Appellants) v. JOSEPH BASILONE (Defendant/Respondent)
BEFORE:
McMURTRY C.J.O., CATZMAN AND LANG JJ.A.
COUNSEL:
R. G. Chapman
for the appellants
Harvey T. Strosberg, Q.C.
for the respondent
HEARD & ENDORSED:
January 11, 2005
On appeal from the judgment of Justice Somers dated July 11, 2003.
A P P E A L B O O K E N D O R S E M E N T
1While we do not entirely agree with the trial judge’s definition of adverse possession and the requirements that he set out to establish such a claim. We are of the view that the result is the correct one.
2On the appeal, the claim was narrowed to the period between 1984 and 1995. The trial judge rejected the evidence of the appellant’s as to the extent of the use of the parking space. His findings were supported by the evidence and there was no palpable and overriding error.
3The appeal is therefore dismissed with costs fixed in the amount of $7,500.00
