Nothing transpired that would end possession of owner of property

Civil Practice and Procedure - Limitation of actions - Real property

Parties were each registered owner of rectangular lots that were beside each other. Plaintiff brought claim for entitlement to land by adverse possession. Defendants brought counterclaim for damages by reason of trespass. Claim dismissed; counterclaim allowed. Man who purchased property in 1997 and sold it to plaintiff’s daughter in 2001, M, was only on property two times after he purchased it, and there was no evidence to suggest that he ever set foot in disputed area. M never had any intention to exclude owner from disputed area. Nothing transpired that would end possession of owner of property.

Znotins v. Evangelisti et al (2019), 2019 CarswellOnt 7959, 2019 ONSC 2059, Sproat J. (Ont. S.C.J.).

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