Court of Appeal for Ontario

Citation: Masson v. Schultz, 2007 ONCA 723

Date: 2007-10-22

Docket: C45140

Between:

Donald John Masson

Appellant (Plaintiff)

And

John Schultz, Bernard Schultz and Edmund Schultz

Respondents (Defendants)

Before: Simmons, MacFarland and Rouleau JJ.A.

Counsel:

Frederick J. Skeggs for the appellant

Annalisa S. Rasaiah for the respondents

Heard and endorsed: October 17, 2007

On appeal from the judgment of Justice Clair Marchand of the Superior Court of Justice dated March 3, 2006.

APPEAL BOOK ENDORSEMENT

[1] We reject the appellant’s submission that the trial judge dealt only with the adverse possession issue and did not address the boundary issue raised at trial. In our view, paragraphs [4] to [15] of the trial judge’s reasons address this issue.

[2] While we agree that it would have been preferable had the trial judge’s reasons on the boundary issue being more fulsome, we are satisfied that he was entitled to reject the evidence of the appellant’s experts, to accept the evidence of the respondents’ experts and that he identified an adequate basis for so doing. Further, in our view, by accepting the evidence of the respondents’ expert, Mr. Trivers, we are satisfied that the trial judge applied the proper test to the boundary issue.

[3] As for the adverse possession issue, in our view, the appellant has failed to identify a reversible error in the trial judge’s reasons.

[4] The appeal is accordingly dismissed.

[5] Costs of the appeal and of the motion for security for costs are to the respondents in the amount of $21,500 on a partial indemnity basis inclusive of G.S.T. and disbursements.