Court of Appeal for Ontario

Citation: Cantera v. Eller, 2008 ONCA 876

Date: 2008-12-22

Docket: C47790

Before: Laskin, Gillese and Blair JJ.A.

Between:

Laura Cantera Plaintiff (Respondent)

and

Wendy Leah Eller and Paul Wright Defendants (Appellants)

Counsel: R. Lachmansingh and H. Keith Juriansz, for the appellants Alistair Riswick, for the respondent

Heard: December 16, 2008

On appeal from the judgment of Justice Alison Harvison Young of the Superior Court of Justice, dated May 15, 2007.

APPEAL BOOK ENDORSEMENT

[1] We agree with the reasons of the trial judge. She applied the proper test for adverse possession and her findings of fact are well supported by the record.

[2] On costs, the trial judge took a reasonable view of the offer to settle.

[3] Accordingly, the appeal is dismissed with costs fixed at $12,500, all inclusive.