Court of Appeal for Ontario

Bodnar v. Phillips

Date: 2000-06-09

O. Kennedy Lawson, for the plaintiffs/respondents;

J. Paul R. Cassan, for the defendants/appellants.

(C31009)

[1] By the Court: The trial judge made findings of fact on controverted evidence. There was evidence to support his finding and we have not been perfused that there is any reasonable basis to interfere with them. Nor do we accede to the submissions of law made by the appellants. The Limitations Act defence cannot succeed because the acts of trespass found by the trial judge constitute continuing acts of trespass. The statute Labour Defence cannot succeed in the face of the trial judge's rejection of the inference or assumption that Statute Labour was provided to the disputed area by local ratepayers. The award of punitive damages was warranted on the facts found by the trial judge.

[2] The appeal is dismissed with costs.

Appeal dismissed.