Manitoba court dismisses appeal of woman who trespassed on aunt's property for 3 years

A Manitoba court has dismissed the appeal of a woman who illegally dwelled on a Winnipeg property for three years.

In a Manitoba Court of Appeal decision penned by a trio of judges on March 3, the court upheld the appellant's fine of $50,700 in damages, and that the property she had trespassed on belongs to the owner, her aunt.

The defendant began trespassing on the property — purchased by her aunt in 2004 — in April 2022, according to court documents.

The justices didn't find any merit to the defendant's challenges to her aunt's title to the property, or that she was "not properly served with the motion for summary judgment."

The defendant's primary argument in the appeal was an entitlement to ownership of the property based on the doctrine of adverse possession.

This was the first time that the doctrine, under which a person could acquire the land/title owned by someone else as long as they follow specific requirements, was raised on appeal. It was effectively abolished in the province in 1964, the court said.

The court found there to be "no risk of injustice" and that the defendant's submission was "entirely misguided."

The judges also found no reason to interfere with the damages previously awarded to the plaintiff, including the fees and expenses associated with the legal proceedings.