Supreme Court of Canada
Pitre et al. v. Robinson, [1982] 1 S.C.R. 283
Date: 1982-02-23
Peter Pitre and Mabel June Pitre Appellants;
and
Warren Robinson Respondent.
File No.: 15497.
1982: February 23.
Present: Laskin C.J. and Ritchie, Estey, McIntyre and Lamer JJ.
ON APPEAL FROM THE COURT OF APPEAL FOR PRINCE EDWARD ISLAND
Courts—Appellate court power respecting findings of fact—Trial judge hearing case retired before making judgment—Judgment made by another judge based on transcript—Ability of Court of Appeal to consider evidence relative to that of judge making decision.
Land titles—Adverse possession—Disputed land used occasionally by claimant over number of years—Whether or not respondent’s title extinguished.
APPEAL from a judgment of the Prince Edward Island Court of Appeal (1978), 15 Nfld. and P.E.I.R. 63, 38 A.P.R. 63, allowing an appeal from a judgment of Peake J. Appeal dismissed.
J.E. Smith, for the appellants.
Shawn Murphy, for the respondent.
The judgment of the Court was delivered orally by
THE CHIEF JUSTICE—We do not need to hear you Mr. Murphy. The circumstances of this case are such as not to justify any interference with the judgment of the Prince Edward Island Court of Appeal. Accordingly, the appeal is dismissed with costs.
Judgment accordingly.
Solicitors for the appellants: Hoslam, Ross & Mullin, Charlottetown.
Solicitors for the respondent: Scales, Shiz, Jewkins & McQuaid, Charlottetown.