The appellants appealed a trial judgment that found them liable for trespass, issued a mandatory order, awarded damages including punitive damages, refused to order partition, and awarded substantial indemnity costs.
The Court of Appeal dismissed the appeal, finding no palpable and overriding error in the trial judge's strong findings of fact or assessment of damages.
The court upheld the punitive damages due to the egregious nature of the trespass and affirmed the costs award.
