Supreme Court

                        IN THE SUPREME COURT OF NOVA SCOTIA

                           Citation: Boudreau v. Pellerine, 2010 NSSC 188

Date: 20100505

Docket: 292004

Registry: Antigonish

Between:

David J. Boudreau

Plaintiff

v.

Ernest Pellerine, Charles Daniel Pellerine, Godfrey Adrian Pellerine, Eugene Abraham Pellerine, Robert Pelrine, Placide John David, Louise Casey, Michael Duquette, Victor David, Attorney General of the Province of Nova Scotia, Duncan J. Bellefontaine and Robert Bellefontaine

Defendants

LIBRARY HEADING

Judge:                   The Honourable Justice Douglas L. MacLellan

Heard:                  April 12^th, 13^th, 14^th, 15^th & 16^th, 2010, in Antigonish, Nova Scotia

Subject:                Civil law - claim for certificate of title under Quieting of Titles Act

Summary:             Crown grant of 116 acre lot in 1857 to two persons.  No deeds out until deed from two heirs at law of original grantees in 1986 to plaintiff.  Plaintiff entered onto property and started commercial pulp operation.  Removed 800 cords of pulp over years between 1989 and 2000.  He then did silviculture to rejuvenate forest.  One defendant went on property in 2008 and claimed property based on being an heir at law of original grantee. 

Issue:          Has plaintiff established title based on adverse possession?

Result:                  Application for certificate of title granted.  Plaintiff was in possession of lot to exclusion of all co-owners for 20 years.

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