Supreme Court of Canada

Pitre et al. v. Robinson, [1982] 1 S.C.R. 283

Date: 1982-02-23

Peter Pitre and Mabel June Pitre Appellants;

and

Warren Robinson Respondent.

File No.: 15497.

1982: February 23.

Present: Laskin C.J. and Ritchie, Estey, McIntyre and Lamer JJ.

ON APPEAL FROM THE COURT OF APPEAL FOR PRINCE EDWARD ISLAND

Courts—Appellate court power respecting findings of fact—Trial judge hearing case retired before making judgment—Judgment made by another judge based on transcript—Ability of Court of Appeal to consider evidence relative to that of judge making decision.

Land titles—Adverse possession—Disputed land used occasionally by claimant over number of years—Whether or not respondent’s title extinguished.

APPEAL from a judgment of the Prince Edward Island Court of Appeal (1978), 1978 3334 (PE SCAD), 15 Nfld. & P.E.I.R. 63, 38 A.P.R. 63, allowing an appeal from a judgment of Peake J. Appeal dismissed.

J.E. Smith, for the appellants.

Shawn Murphy, for the respondent.

The judgment of the Court was delivered orally by

THE CHIEF JUSTICE—We do not need to hear you Mr. Murphy. The circumstances of this case are such as not to justify any interference with the judgment of the Prince Edward Island Court of Appeal. Accordingly, the appeal is dismissed with costs.

Judgment accordingly.

Solicitors for the appellants: Hoslam, Ross & Mullin, Charlottetown.

Solicitors for the respondent: Scales, Shiz, Jewkins & McQuaid, Charlottetown.