MacDonell v. M & M Developments Ltd.

The appellant failed to prove legal title to the disputed islands and, alternatively, any predecessor interest was statute‑barred by adverse possession; the trial judge's factual findings and legal application contained no reversible error, therefore the appeal is dismissed.

Citation: 1999 NSCA 99
Parties: Appellant: JOSEPH A. MACDONELL; Respondent: M & M. DEVELOPMENTS LIMITED; Third Parties: MCINNES COOPER & ROBERTSON, a Registered Partnership and Michael I. King
Court: Nova Scotia Court of Appeal
Jurisdiction: Canada
Judgment Date: 26 May 1999
Procedural Posture: Civil Appeal (property Dispute) / Court of Appeal Decision on Appeal From Supreme Court Trial
Outcome: Appeal dismissed
Legal Topics: Declaration of Title, Adverse Possession, Burden of Proof, Trespass, Costs
Source Language: English

Property Law Civil Procedure Declaration of Title Adverse Possession Burden of Proof Trespass Costs

Case Brief

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Parties

JOSEPH A. MACDONELL

Appellant

M & M. DEVELOPMENTS LIMITED

Respondent

MCINNES COOPER & ROBERTSON, a Registered Partnership and Michael I. King

Third Parties

Procedural Posture

Civil Appeal (property Dispute) / Court of Appeal Decision on Appeal From Supreme Court Trial

Legal Issues

1 Whether appellant established legal title to islands identified as A, B, F and G
2 Whether any claimed interest was statute‑barred by adverse possession
3 Whether the trial judge made reversible errors in findings of fact or law

Ratio Decidendi

Court Disposition

Appeal dismissed

Orders

Appeal dismissed
Costs payable to the respondent and the third party fixed at 40% of those at trial, together with disbursements on appeal