Pitre et al. v. Robinson

Pitre et al. v. Robinson

The Supreme Court held that the circumstances did not justify interfering with the Prince Edward Island Court of Appeal's decision; given the record and findings, the appellants had not established adverse possession and the Court of Appeal's handling of the factual issues was correct.

Citation
[1982] 1 SCR 283
Parties
Appellant: Peter Pitre; Appellant: Mabel June Pitre; Respondent: Warren Robinson
Court
Supreme Court of Canada
Jurisdiction
Canada
Judgment Date
23 February 1982
Procedural Posture
Civil Appeal to the Supreme Court of Canada / On Appeal From the Court of Appeal for Prince Edward Island
Outcome
Appeal dismissed
Legal Topics
Adverse Possession, Appellate Review of Factual Findings, Land Title Dispute
Source Language
English
Property Law Real Property Civil Procedure Adverse Possession Appellate Review of Factual Findings Land Title Dispute

Case Brief

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Parties

Peter Pitre

Appellant

Mabel June Pitre

Appellant

Warren Robinson

Respondent

Procedural Posture

Civil Appeal to the Supreme Court of Canada / On Appeal From the Court of Appeal for Prince Edward Island

Legal Issues

  1. 1 Whether claimant acquired title by adverse possession through occasional use over many years
  2. 2 Scope of appellate review where the trial judge retired before delivering judgment and a different judge rendered judgment based on the transcript

Ratio Decidendi

The Supreme Court held that the circumstances did not justify interfering with the Prince Edward Island Court of Appeal's decision; given the record and findings, the appellants had not established adverse possession and the Court of Appeal's handling of the factual issues was correct.

Court Disposition

Appeal dismissed

Orders

  • Appeal dismissed with costs.