Supreme Court

SUPREME COURT OF NOVA SCOTIA

Citation: Bain v. Nova Scotia (Attorney General), 2012 NSSC 355

Date: 20121010

Docket: Syd. No. 313233

Registry: Sydney, N.S.

Between:

SANDRA BAIN of Saint John, Province of New Brunswick, and LEOTHA SEALE, of Sydney Nova Scotia

Plaintiffs (Defendants by Counterclaim)

and

THE ATTORNEY GENERAL OF THE PROVINCE OF NOVA SCOTIA, representing Her Majesty the Queen in Right of the Province

Defendant

and

SCOTIA LIMESTONE LIMITED and LLOYD FRASER and PATRICIA FRASER

Defendants (Plaintiffs by Counterclaim)

LIBRARY HEADING

Judge:            The Honourable Justice Patrick J. Murray

Heard:           January 16^th, 17^th, 18^th, 19^th and 20^th, 2012, in Sydney, N.S.

Written

Decision:       October 10, 2012

Subject:         Quieting of Titles Act R.S., c. 382, s. 1; Limitation of Actions Act, R.S.N.S., 1989, C. 258 and Adverse Possession

Summary:     Two Plaintiffs each claimed a Certificate of Title on separate lots on basis of adverse possession, possessory title, limitation of actions.

Issues:           Whether Plaintiffs established possession was open, notorious, continuous and exclusive to that of the true owner?  Whether possession was with permission?                                                                                                      ...../2

                                                                      - Page 2 -

Result:           The possession of the Plaintiff, S. Bain, and her late mother (C. Bain) was with permission and therefore a Certificate of Title was not granted.  The possession of the Plaintiff, L. Seale and her late husband (O. Seale), met the requirements for adverse possession.  It had not been established that her occupation was with permission of the true owner.  A Certificate of Title therefore was granted in respect of the Seale lot. 

THIS INFORMATION SHEET DOES NOT FORM PART OF THE COURT'S DECISION.  QUOTES MUST BE FROM THE DECISION, NOT THIS LIBRARY SHEET.