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Property law 2025 NSCA 38

Stanton v. Stanton

Court
Nova Scotia Court of Appeal

The stay motion is dismissed because the appellants failed to establish an arguable issue capable of persuading an appellate panel and failed to show irreparable harm; the new bias allegation lacked evidentiary foundation, the trial judge’s factual and credibility findings are owed deference, and the respondent’s undertaking to preserve the Fish House eliminated the asserted irreparable harm related to loss of the structure.

Source excerpt

  • Stay of execution
  • Fulton test
  • Irreparable harm
  • Balance of convenience
  • Credibility findings
  • Appellate deference
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Real property 2023 ONCA 450

Kosicki v. Toronto (City)

Court
Court of Appeal for Ontario

Majority (Sossin J.A.) dismissed the appeal: municipal parkland acquires a rebuttable common law presumption of unavailability for adverse possession because it is held for public benefit; adverse possession against such land may succeed only in exceptional circumstances where the municipality has waived, acknowledged, or acquiesced to private possession; the RPLA does not preclude this common law development and s.16 is not exhaustive of public-land immunities; on the facts there was no waiver or acquiescence and the claim failed.

Source excerpt

  • Adverse possession
  • Municipal parkland immunity
  • Real property limitations act
  • Land titles act
  • Public benefit test
  • Waiver and acquiescence
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Property law 2022 NSSC 32

Schnare v. Schnare

Court
Supreme Court of Nova Scotia

Applicant failed to establish that Respondents could not, in a future proceeding, successfully assert an interest by adverse possession or by possession based on colour of title; the evidentiary record supported at least a potential valid claim by Respondents and the Court would not make an unequivocal declaration of absence of rights absent a Quieting Titles Act proceeding and involvement of the Crown, therefore the application was dismissed.

Source excerpt

  • Adverse possession
  • Colour of title
  • Declaratory relief
  • Quieting title
  • Constructive possession
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Land registration 2021 NSSC 297

MacDonald v. Korol

Court
Supreme Court of Nova Scotia

Motion dismissed because, on the undisputed facts, the legal question involves the interaction of ss.73, 74 and 75 of the LRA and MacDonald’s claim (particularly the s.73 overriding interest argument) has a real chance of success; the court declines to exercise its discretion under Rule 13.04(6)(a) to decide the complex statutory interaction summarily and requires a full, holistic adjudication at trial.

Source excerpt

  • Land registration act ss.73-75
  • Overriding interest
  • Prescriptive easement
  • Summary judgment
  • Statutory interpretation
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Property law 2020 NSSC 157

Pitcher v. Merritt Developments Limited

Court
Supreme Court of Nova Scotia

The court apportioned costs based on the relative success and the proportion of court time consumed by each companion application, concluding that the Krane matters consumed approximately three quarters of hearing time and that equitable relief was served by offsetting mutual awards; consequently the respondents were awarded $15,000 from the Pitchers in Bwt No. 482989 and the respondents were ordered to pay $15,000 to the Krane applicants in the companion file, together with an order to remove remaining personal property and remediate the privy by a specified date.

Source excerpt

  • Ouster
  • Adverse possession
  • Right of way
  • Development/rv park entitlement
  • Damages
  • Costs awards
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Property law 2019 NSCA 98

Johnston v. Roode

Court
Nova Scotia Court of Appeal

The trial judge erred in declaring adverse possession to the entire 50' x 102' parcel because the respondents failed to prove exclusivity and sufficient possessory acts beyond the garden and shrub area; successive possession may be tacked where continuous; a prescriptive right of way was established but is limited to the original path and cannot be relocated to the post-2006 road absent agreement or abandonment.

Source excerpt

  • Adverse possession
  • Prescriptive right of way
  • Mutual mistake as to boundary
  • Exclusive possession
  • Tacking of successive possession
  • Location of easement
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Property law 2019 NSSC 326

National Gypsum (Canada) Ltd. v. Veinot

Court
Supreme Court of Nova Scotia

The Court held the 2005 migration was properly conducted and valid; s.74 LRA provides an absolute ten-year extinguishment which was not restarted by later Forms 5/9; only Vaughn qualified as an adjacent owner but his written communications amounted to an acknowledgement of National's title under the Real Property Limitations Act, resetting any limitation running in his favour; none of the Respondents proved the necessary exclusive, open and continuous adverse possession for the statutory period; therefore National holds legal title and is entitled to nominal damages, a mandatory injunction to…

Source excerpt

  • Migration to land registration system
  • Form 5/form 9 declarations
  • S.74 and s.75 land registration act
  • Acknowledgment under real property limitations act s.17
  • Trespass damages
  • Mandatory injunctions
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Property law 2019 ONCA 331

Song v. MacPhee

Court
Court of Appeal for Ontario

The appeal was dismissed because the application judge's factual findings—that the appellants did not establish adverse possession and that the predecessor recognized respondents' ownership and lacked intention to exclude—were supported by the record (notably the evidence of Mr. Crocker), and there was no basis for appellate interference.

Source excerpt

  • Adverse possession
  • Possessory title
  • Findings of fact and credibility
  • Costs
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Real property 2019 NSSC 73

Innes v. Childs

Court
Supreme Court of Nova Scotia

Respondents are not entitled to compensation under the Land Registration Act because they suffered no legally compensable loss: the de facto boundary had long been the fence and predecessors acquired prescriptive rights; Respondents had actual knowledge of the boundary; the LRA excludes compensation for losses arising from discrepancies between registered descriptions and actual boundaries and imposes limitation constraints; consent orders effectuated the correct boundary so no loss occurred.

Source excerpt

  • Rectification of title
  • Compensation under land registration act
  • Adverse possession/prescriptive title
  • Boundary dispute
  • Limitation period
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Property law 2018 NSSC 293

Roode v. Johnston

Court
Supreme Court of Nova Scotia

On the facts the court concluded plaintiffs and their predecessors believed they owned and occupied the 50' lot from 1967 and performed acts consistent with ownership continuously for well over 20 years; entries by the true owners were by permission in the context of mutual mistake and did not interrupt possession, so defendants' title was extinguished and plaintiffs obtained title by adverse possession; separately, plaintiffs established open, continuous, uninterrupted use of the pathway to the beach from 1967 to 2012 without permission, so a prescriptive easement/right of way was establishe…

Source excerpt

  • Adverse possession
  • Prescriptive easement
  • Lost modern grant doctrine
  • Limitation periods
  • Boundary dispute
  • Rights of way
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About this LexChat collection

Canada decisions are organised by court, judge, legal area and indexed issue so a practitioner can move from a proposition to a citable authority with the surrounding context intact.

Source links and collection timestamps are retained alongside the indexed records.