P. Morrissey

The plaintiff, an elderly woman acting through her litigation guardian, brought a motion for leave to amend her statement of claim and to issue a certificate of pending litigation (CPL) against the defendant's property.

The plaintiff alleged she made over $75,000 in loans to the defendant, her neighbour, which were not repaid.

After a demand letter was sent, the defendant transferred her property to her son for nominal consideration and registered a new mortgage.

The court granted the unopposed motion to amend the claim.

The court also granted the motion for a CPL, finding that the transfer bore several badges of fraud, establishing a prima facie case of a fraudulent conveyance, and that the balance of convenience favoured the plaintiff.

The applicants sought a declaration of ownership by adverse possession over portions of the respondents' adjacent cottage property, or alternatively, a prescriptive easement for access and utility maintenance.

The properties were originally owned by family members who built cottages without regard to formal lot lines.

The court granted the applicants ownership of one portion (Part 3) by adverse possession, finding they had effectively excluded the true owners by building an extension and retaining wall.

The court also granted a limited prescriptive easement over another portion (Part 2) for an existing underground septic system.

The claims for adverse possession and prescriptive easement over the remaining disputed lands, including a shared driveway, were dismissed.