Bovey v. Gananoque (Town), [1992] 2 SCR 5

Bovey v. Gananoque (Town), [1992] 2 S.C.R. 5

Reginald John Bovey  Appellant

v.

The Corporation of the Town

of Gananoque               Respondent

Indexed as:  Bovey v. Gananoque (Town)

File No.:  22016.

1992:  May 6.

Present:  La Forest, Sopinka, Cory, McLachlin and Iacobucci JJ.

on appeal from the court of appeal for ontario

                   Limitation of actions ‑‑ Real property ‑‑ Title ‑‑ Adverse possession

‑‑ Landlord and tenant.

                   APPEAL from a judgment of the Ontario Court of Appeal (1990), 38 O.A.C. 276, setting aside a judgment of Campbell Dist. Ct. J.* declaring the appellant in possession of a lot. Appeal dismissed.

                   Robert E. Houston, Q.C., for the appellant.

                   Mark Appel, Q.C., and Colin Wright, for the respondent.

//La Forest J.//

                   The judgment of the Court was delivered orally by

                   La Forest J. ‑‑  The Court is ready to render judgment now.

                   We are all of the view that the Court of Appeal came to the correct conclusion in this case.  The possession of the appellant was by virtue of a lease so he did not hold adversely of the respondent.  The appeal is accordingly dismissed with costs.

                   Judgment accordingly.

                   Solicitors for the appellant:  Cunningham, Swan, Kingston.

                   Solicitors for the respondent:  Clarke & Wright, Gananoque; Chappell, Busheell & Stewart, Toronto.