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Partial summary judgment granted declaring plaintiff's possessory title over disputed boundary strip via adverse possession.
The plaintiff brought a motion for partial summary judgment seeking declarations of possessory title over a strip of land between her property and the defendant's property, based on adverse possession.
The plaintiff argued that her predecessors in title had exclusively occupied and maintained the strip for over 29 years before the properties were converted to the Land Titles system in 1992.
The court found no genuine issue requiring a trial, as the uncontradicted evidence established the requisite open, notorious, continuous, and exclusive possession by the plaintiff's predecessors.
The court granted the declarations of possessory title and issued mandatory orders and a permanent injunction requiring the defendant to remove a newly constructed fence and refrain from further trespassing on the strip.
Ordinary trial sequence maintained in wrongful dismissal action.
In a wrongful dismissal trial involving an employer's just cause defence, the plaintiff moved for directions altering the ordinary order of proof and limiting cross-examination until later stages of the trial.
The court held that departures from the general rule against case splitting are discretionary and reserved for unusual cases where principle and convenience clearly justify modification.
Because the plaintiff had extensive disclosure of the misconduct allegations and the damages issues were intertwined with the just cause defence, the proposed staged procedure risked confusion, inefficiency, and procedural unfairness.
The motion was dismissed and the trial was directed to proceed in the ordinary manner.
