Patrick G. Morris

This is an appeal from an order granting possessory title by reason of adverse possession.

The appellant argued the trial judge erred in applying the inconsistent use test, claiming the title holder's long-term intention for future development created no inconsistency with the adverse possessor's residential use.

The Court of Appeal dismissed the appeal, affirming the trial judge's finding that the relevant use of the title holder's land was commercial farming, which was inconsistent with the respondents' residential use.

The court also upheld the dismissal of the appellant's claim for damages related to a certificate of pending litigation and the award of punitive damages against the appellant for destroying the disputed property without warning.

An objecting beneficiary challenged the passing of accounts in an estate administration, alleging improper transactions, mismanagement, and improper interest charges relating to loans advanced to beneficiaries during the deceased’s lifetime.

The court reviewed the estate accounts, supporting affidavits, and submissions and found the objections unsupported by reliable evidence.

The evidence established that the loans to beneficiaries were properly documented and accounted for, and that joint accounts held with one beneficiary were included in the estate in accordance with the deceased’s wishes.

The court concluded that the estate trustees properly managed the estate and that their accounting was sufficient.

The estate trustee’s compensation was approved as fair and reasonable.

Following dismissal of a medical malpractice action arising from a broken jaw allegedly caused during wisdom tooth extraction, the successful defendant sought costs on a partial indemnity basis.

The trial lasted six days and involved competing expert evidence regarding negligence and liability, including a contested voir dire on the qualification of the plaintiffs’ expert.

The court accepted the defendant’s expert evidence and found the defendant entirely successful at trial.

Considering the length of the proceeding, the expert evidence, and the discounted fee claim, the court found the requested costs reasonable.

Costs were awarded to the defendant in the amount of $63,800 all inclusive.