Thomas Sanderson

The applicants sought a declaration of possessory title over a three-foot strip of land abutting their cottage property.

The court found that while the applicants had actual possession of the disputed lands, they failed to establish an intention to exclude the true owners or that they effectively excluded them.

The disputed lands were open and accessible to the community, and the true owners frequently crossed and used the lands without restriction.

The application for adverse possession was dismissed.

The moving party defendant sought to set aside default foreclosure judgments obtained by the plaintiffs in 2014 regarding three properties.

The defendant argued he had an oral agreement with the plaintiffs not to proceed with the actions.

The court dismissed the motion, finding the defendant's evidence of an oral agreement lacked credibility, the motion was not brought with reasonable promptness, and the defendant lacked a plausible excuse for the delay or an arguable defence on the merits.