Adverse Possession, Trespass, Conversion and Damages

Ron McCloskey has been acting as counsel in an ongoing trial that will continue in the spring of 2014 involving claims for damages that arose over damage caused to property by a neighbour who claimed to own the property and its fixtures such as retaining walls and fences and interlocking brick etc.  The defendant claimed actual ownership, and alternatively rights accruing through the doctrine of prior adverse possession even though the property was registered under the Land Titles Act.  In the further alternative, the defendant is putting the plaintiff to the strict proof of all damages incurred as a result of the remedial work that had to be undertaken to the property by the plaintiff, including taking full advantage of the doctrine of causation (which of course underlies all claims for damage) pursuant to which the plaintiff bears the burden to prove to the court that the loss damage as claimed was caused by the defendant and the amounts incurred to remedy the damage were reasonable — all of which makes for a time-consuming trial given the engineering fees, professional fees and contractors’ fees.