The applicants sought a declaration of ownership over a portion of the respondent's neighbouring property by way of adverse possession.
The respondent brought a cross-application for a declaration of trespass and an order to remove a fence built by the applicants on the disputed lands.
The court dismissed the adverse possession claim, finding that the applicants' predecessors in title did not have continuous, peaceful, or exclusive possession for the requisite 10-year period prior to the lands being converted to the Land Titles system in 1996.
Consequently, the court granted the respondent's application, declaring the fence a continuing trespass and issuing a mandatory injunction for its removal.
