When Gordon Brandon bought a six-acre island in Georgian Bay, north of Barrie, Ont., in 1946, he hoped it would remain in the family forever.
But today Brandy's Island, near the resort area of Honey Harbour, has been locked in a feud between Mr. Brandon's sons, Gordon and Jim, that has turned into a legal quagmire and put control of the island in doubt.
The brothers live a few metres from each other on the island, and each has a business there - Jim, 58, rents cottages, while Gordon, 60, runs a marina and a construction firm.
They've been battling for nearly 20 years over everything from ownership of the island to the location of woodpiles and access to the only road.
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There have been shoving matches, calls to the police, one charge over an alleged threat, and so many lawsuits that one judge lamented that the saga reveals "a cautionary tale of parental hopes dashed, sibling rivalry triumphant and love for a place embittered."
Various judges have attempted to resolve the dispute by tightly regulating where each brother could go on the island, even restricting where Jim's dog could roam. One judge divided the island into two zones and ordered each brother to stick to his turf (the road was declared a cordon sanitaire that both could use). But that arrangement recently broke down and now the brothers are back in court.
"I've never seen a blood feud like this before," said Gordon's lawyer, Arnold Schwisberg. "I've seen commercial disputes, I've seen personal disputes, I've seen psychotic disputes ... but this one is, it's bitter."
Jim declined comment, saying through his daughter that "it is a family matter." Gordon called the whole thing "difficult" and added that, while he still cares about his brother, he feels cornered. The trouble started long after Gordon Sr. died in 1964. He left 50 per cent of the island to his wife, Clara, and 25 per cent to each son. Clara always intended to leave her share equally to both boys.
For years, Gordon and Jim lived peacefully on the island. Each married and raised a family; Jim has two daughters and one son, while Gordon has four daughters.
After their father died, Jim took over the family's cottage-rental business. Gordon left the island for about 13 years to start a construction business. He returned in the late 1980s, to run a growing marina operation and re-establish his construction firm. It wasn't long before tensions surfaced.
Jim resented his brother's return, according to court rulings, and began asserting his control over the island. He also pushed Clara, who was blind and nearly deaf, into changing her will to give his family her share of the island, one judge found.
Gordon uncovered the extent of the plot by secretly recording a conversation between his brother and his mother.
"It's either Gordie or me. You know that," Jim told his mother, according to a transcript of the conversation which was filed in court.
Clara replied: "I'll go through with it, yes I will, but in my heart I wish I could give him something."
"You can't give him nothing," Jim said, "because he's going to keep on what he's doing."
The brothers soon sued each other, with Gordon going after Clara as well. In a ruling in 2001, Mr. Justice Peter Howden of Ontario Superior Court overturned Clara's revised will, ruling that Jim had unduly influenced her.
The judge also issued an injunction dividing the island into Zone A for Jim and Zone B for Gordon, with the causeway shared. He ordered Gordon to pay about $55,000 he owed Jim and Clara.
Jim appealed to the Ontario Court of Appeal, which upheld the decision. He tried a further appeal to the Supreme Court, which declined to hear the case. Mr. Schwisberg said Judge Howden's ruling has now become a precedent for cases involving wills and undue influence.
The zone arrangement fell apart earlier this year after Jim complained that trucks trespassed on his zone when they turned off the road into Gordon's marina. He barricaded his side of the road with wood piles, tires, concrete blocks, rocks and various vehicles, according to a court ruling.
Gordon headed back to court and, in April, Mr. Justice Guy P. DiTomaso ordered Jim to back off, ruling that he was not abiding by the sprit of Judge Howden's order.
That's not likely to happen any time soon. Gordon has gone back to court with a contempt motion against Jim, alleging he is continuing to block access to the road. Meanwhile, clear ownership of the island has not been resolved. Clara died in 2003 and each brother now owns 50 per cent, but there is no clear dividing line.
When asked whether he thought a reconciliation is possible, Gordon said: "I'm always hopeful. I can see one buying the other out, or I can see a court taking [the island] and selling it, or I can see it as, you know, us continuing on with the battle until we both die."
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