Court File and Parties
COURT OF APPEAL FOR ONTARIO
O'Connor A.C.J.O., Simmons and Lang JJ.A.
BETWEEN
Giovanni Defina and Caterina Defina
Plaintiffs/ Appellants on Appeal
and
Claudia Sofia Antunes, Manuel Pires Rei, John Doe #1, John Doe # 2, John Doe #3 and John Doe #4
Defendants/ Respondents on Appeal
AND BETWEEN
Claudia Sofia Antunes and Manuel Pires Rei
Plaintiffs on Counterclaim/ Respondents on Appeal
and
Giovanni Defina and Caterina Defina and Lisa Del’Casale and Giuseppe Del’Casale
Defendants by Counterclaim/ Giovanni DeFina and Caterina DeFina, Appellants on Appeal
Counsel:
G. Gryguc and E. Zeppieri, for the appellants
J.B. Donnelly, for the respondents
Heard: October 7, 2008
On appeal from the judgment of Justice Sarah E. Pepall of the Superior Court of Justice, dated May 16, 2006.
APPEAL BOOK ENDORSEMENT
1The trial judge found as a fact that the Del Casales did not give permission or a license for the use of the disputed lands. Rather the trial judge found that any agreement between the parties related only to the erection and removal of the fence.
2Alternatively, the trial judge found that if permission was given initially, it was not renewed.
3There was evidence to support each of these findings. Accordingly we see no basis to interfere with the trial judge’s finding that there was a prescriptive easement.
4We see no error in the way the trial judge addressed the issue of costs.
5Accordingly the appeal is dismissed. Costs to the respondents are fixed in the amount of $11, 000.00 inclusive of disbursements and GST.