Two reported decisions in Ontario from the Superior Court of Justice have dealt with the
concept of adverse possession as it relates to the location of a boundary.
TASK 1
In Levy v. Stoller, 2009 CanLII 31603 (ON SC), Justice Henderson refers in paragraph 43 to
a location between two properties that must follow a certain stipulated boundary line. In
order to better understand the issues in Levy v. Stoller, prepare a sketch that identifies
the kind of information you need in order to do what Justice Henderson has ordered. The
sketch need not be drawn to professional drafting standards; a simple hand-drawn sketch
scanned into an image will do. Explain your rationale – including referring to specific parts
of the judgment – that led you to place the property line in the location you have drawn.
TASK 2 –
Earlier, in Tucker v. Moffatt, 2007 CanLII 57091 (ON SC), Justice Glithero also rendered a
decision involving competing claims to a disputed strip that were based on adverse possession.
However, his approach was one of needing to deal with a question of mistaken belief and, even
then, no one provided him with any kind of a legal description of the parcel that was in dispute.
Based on the decision reported at Tucker v. Moffatt, prepare a hand-drawn sketch to illustrate
the exact parcel that Justice Glithero requires in order to make a declaration about the relief
sought. As before, the sketch need not be drawn to professional standards; a simple hand�drawn sketch scanned into an image will do. Explain your rationale – including referring to
specific parts of the judgment – that lead you to place the property line in the location you have
drawn.
1
1 The sketch is to be based on what the court judgment described as relevant evidence that went into the court’s
determination of the facts in order to arrive at a decision. There is abundant narrative of the evidence - so much so
that it is difficult to make sense of the case without drawing a sketch. Where the boundary is “before and after” is
somewhat secondary to the tas
TASK 1:
In order to understand the issues in Levy v. Stoller and draw a sketch that identifies the boundary line, I would refer to specific parts of the judgment. In paragraph 43, Justice Henderson states that there must be a certain stipulated boundary line between two properties.
To determine the location of this boundary line, I would need the following information:
1. The relevant legal description or survey plan of the properties involved.
2. Any evidence presented in court regarding the historical understanding or agreement between the parties regarding the location of the boundary line.
3. Any physical markers or features on the ground that can help determine the boundary line.
4. Testimony from witnesses who may have knowledge of the boundary line or the intentions of the original owners.
Using this information, I would draw a simple hand-drawn sketch that shows the boundary line between the two properties. The location of the boundary line would be based on the evidence presented in court and any historical agreements or understanding between the parties.
TASK 2:
In Tucker v. Moffatt, Justice Glithero dealt with competing claims to a disputed strip based on adverse possession. However, he noted that no one provided him with any kind of legal description of the parcel in dispute.
To prepare a sketch to illustrate the exact parcel that Justice Glithero requires, I would refer to specific parts of the judgment. Based on the judgment, it is clear that there is a dispute over a specific strip of land, but no legal description or survey plan is provided.
In order to draw a sketch, I would need additional information such as:
1. Any evidence presented in court regarding the size and dimensions of the disputed strip of land.
2. Testimony from witnesses who may have knowledge of the strip of land or its historical use.
3. Any physical markers or features on the ground that can help determine the exact boundaries of the strip.
Using this information, I would draw a simple hand-drawn sketch that represents the disputed strip of land. The location and boundaries of the strip would be based on the evidence presented in court and any physical or historical markers that can be identified.