DATE: 20050111

DOCKET: C40454

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

[1] While 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.

[2] On 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.

[3] The appeal is therefore dismissed with costs fixed in the amount of $7,500.00