Friday, March 18, 2011
The farm owner had commenced a claim against the Municipality and the cottagers, asking that there be an order that no prescriptive easement had arisen and asking for an injunction to prevent use of the lane during the winter unless the cottagers made the necessary upgrades.
The Court of Appeal did not agree with the farm owner that the trial judge had made any reversible errors. In dismissing the appeal, the Court awarded $15,000 in costs to the cottagers (who had sought $26,000). The Municipality did not participate in the appeal.
Read the decision at: Sunnybrae Springbrook Farms Inc. v. Trent Hills (Municipality).