Court File and Parties

COURT OF APPEAL FOR ONTARIO DATE: 20240821 DOCKET: COA-23-CV-1362

Nordheimer, Gomery and Wilson JJ.A.

BETWEEN

William Kranenburg Applicant/Respondent by Counter-Application (Appellant)

and

Brian Larry Grice and Donna Valeria Ann Grice Respondents/Applicants by Counter-Application (Respondents)

Counsel: Julia M. Fischer, for the appellant Anya Shahabi, for the respondents

Heard and released orally: August 20, 2024

On appeal from the order of Justice Renu J. Mandhane of the Superior Court of Justice, dated November 27, 2023.

Reasons for Decision

[1] The appellant challenges the decision of the application judge that dealt with a dispute over the use of a right of way between the parties’ properties. We do not accept that the application judge made any palpable and overriding errors of fact regarding the factual findings that she made on the central issues in dispute. In that regard, we note that the application judge was not required to refer to every piece of evidence nor every exhibit filed in reaching her conclusions. We also do not accept that the appellant has demonstrated any legal errors in the analysis that was undertaken by the application judge. In the end result, the decision in this case was based on the application judge’s resolution of the evidentiary conflicts between the parties, which she was entitled to make. It is not the role of this court to refind those facts.

[2] The appeal is dismissed. The respondents are entitled to their costs of the appeal fixed in the amount of $3,500 inclusive of disbursements and HST.

“I.V.B. Nordheimer J.A.”

“S. Gomery J.A.”

“D.A. Wilson J.A.”