The appellants appealed a decision finding that a retaining wall encroaching on a right of way did not create a substantial obstruction to their rights under a 1916 grant.
The Court of Appeal dismissed the appeal, holding that the application judge's findings were well-supported by the evidence and owed deference.
The respondents' cross-appeal seeking leave to appeal the denial of costs at the application stage was also dismissed, as there was no error in principle.
