Johnston v. Roode, 2019 NSCA 98
| Jurisdiction | Nova Scotia |
| Judge | Honourable Chief Justice Michael J. Wood |
| Citation | 2019 NSCA 98 |
| Date | 19 December 2019 |
| Court | Court of Appeal of Nova Scotia (Canada) |
| Docket Number | CA 483504 |
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6 practice notes
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Table of Cases
...225 Johnson v Farney (1913), 14 DLR 134 (Ont CA).........................................181, 182 Table of Cases 303 Johnston v Roode, 2019 NSCA 98 ........................................................................ 20 Joly v Pelletier, [1999] OJ No 1728 (Ont HC) ............................
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Ownership and Possession
...also Bradford Investments (1963) Ltd v Fama (2005), 257 DLR (4th) 347, 77 OR (3d) 127 at 147–48. 24 See, for example, Johnston v Roode , 2019 NSCA 98. 25 See Clement v Jones , [1909] HCA 11, 8 CLR 133; Riley v Penttila , [1974] VR 547. 26 [2009] VSCA 188, 259 ALR 56 at para 100. 27 (1844) 6......
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Pitcher v. Merritt Developments Limited, 2020 NSSC 93
...decision was appealed. The Court of Appeal released its judgment in the time since these applications were heard. In Johnston v. Roode, 2019 NSCA 98, Chief Justice Wood found that the trial judge made a palpable and overriding error in finding adverse possession of the entire lot in the abs......
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Urban Farm Museum Society of Spryfield v. Auby,
...period begins to run from the time the true owner was last upon the lands; Hatt v. Peralta, 2014 NSCA 15. [68] In Johnston v. Roode, 2019 NSCA 98, para. 25, Chief Justice Wood quoted with approval Cook v Podgorski, 2013 NSCA 47 as 25 Even if there was a misunderstanding with respect to the ......
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4 cases
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Pitcher v. Merritt Developments Limited, 2020 NSSC 93
...decision was appealed. The Court of Appeal released its judgment in the time since these applications were heard. In Johnston v. Roode, 2019 NSCA 98, Chief Justice Wood found that the trial judge made a palpable and overriding error in finding adverse possession of the entire lot in the abs......
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Urban Farm Museum Society of Spryfield v. Auby,
...period begins to run from the time the true owner was last upon the lands; Hatt v. Peralta, 2014 NSCA 15. [68] In Johnston v. Roode, 2019 NSCA 98, para. 25, Chief Justice Wood quoted with approval Cook v Podgorski, 2013 NSCA 47 as 25 Even if there was a misunderstanding with respect to the ......
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Fancy v. Coade Estate,
...Mr. Coade’s intentions for the property are closely tied to the topography of the land. In Johnston v. Roode¸ 2019 NSCA 98, Chief Justice Wood stated at paragraph The type of possession required varies with the nature of the land: Whether there has been sufficient possessi......
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Payne v. Elfreda Freeman Alter Ego Trust (2015), 2020 NSSC 59
...of the hearing before me, the parties provided me with written submissions on the very recent Court of Appeal case Johnston v. Roode, 2019 NSCA 98. This case dealt with a prescriptive ROW. I have reviewed that case and it seems clear to me that our Court of Appeal has, once again, repeated ......
2 books & journal articles
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Table of Cases
...225 Johnson v Farney (1913), 14 DLR 134 (Ont CA).........................................181, 182 Table of Cases 303 Johnston v Roode, 2019 NSCA 98 ........................................................................ 20 Joly v Pelletier, [1999] OJ No 1728 (Ont HC) ............................
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Ownership and Possession
...also Bradford Investments (1963) Ltd v Fama (2005), 257 DLR (4th) 347, 77 OR (3d) 127 at 147–48. 24 See, for example, Johnston v Roode , 2019 NSCA 98. 25 See Clement v Jones , [1909] HCA 11, 8 CLR 133; Riley v Penttila , [1974] VR 547. 26 [2009] VSCA 188, 259 ALR 56 at para 100. 27 (1844) 6......