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Summary
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The appellant is involved in a dispute with two named individuals (the affected persons) regarding ownership of a property. To assist in understanding this appeal, I have set out the circumstances of this dispute.
On August 9, 1996, the appellant purchased a trailer from the affected persons which was located on an Indian Reserve. The appellant indicates that when she attempted to open an Ontario Hydro (Hydro) account for the property shortly after taking possession, she was advised that there were outstanding hydro charges which had to be paid before her account would be opened. It appears that issues over these unpaid charges remained outstanding for a period of time. During the time that the appellant had possession of the trailer, she did not actually occupy it, but indicated that it remained empty for most of this time. On June 6, 1997, she was finally able to open an account with Hydro.
On July 9, 1997, the appellant received a letter from the affected persons indicating that they had reclaimed ownership of the trailer effective June 6, 1997. They indicated that the decision to reclaim the property was made on several grounds, including:
- not paying the Hydro arrears of $1208.05;
- not changing the Hydro contract to be in the appellant's name; and
- not paying any of the Hydro charges (during the time the trailer was in her possession).
The affected persons attached a copy of their hydro bill relating to the time for which the appellant had possession of the trailer (the dates on the bills commence March 31, 1996 and include up to June 19, 1997). In their letter, the affected persons also stated that they had full support of the Chief and Band Council in taking this action.
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