Manitoba court dismisses appeal of woman who trespassed on aunt's property for 3 years

CBC News

· Posted: Mar 15, 2025 1:05 PM EDT | Last Updated: 3 minutes ago

A Manitoba tribunal has dismissed the entreaty of a pistillate who illegally dwelled on a Winnipeg spot for 3 years.

In a Manitoba Court of Appeal decision penned by a trio of judges connected March 3, the tribunal upheld the appellant's good of $50,700 successful damages, and that the spot she had trespassed connected belongs to the owner, her aunt.

The suspect began trespassing connected the property — purchased by her aunt successful 2004 — successful April 2022, according to tribunal documents.

The justices didn't find immoderate merit to the defendant's challenges to her aunt's rubric to the property, oregon that she was "not decently served with the question for summary judgment."

The defendant's primary statement successful the entreaty was an entitlement to ownership of the spot based connected the doctrine of adverse possession.

This was the archetypal time that the doctrine, nether which a idiosyncratic could get the land/title owned by idiosyncratic other arsenic agelong arsenic they travel circumstantial requirements, was raised connected appeal. It was efficaciously abolished successful the state successful 1964, the tribunal said.

The tribunal recovered determination to beryllium "no hazard of injustice" and that the defendant's submission was "entirely misguided."

The judges besides recovered nary crushed to interfere with the damages antecedently awarded to the plaintiff, including the fees and expenses associated with the ineligible proceedings.