Two groups of landowners appealed the Surveyor General's confirmation of a survey that extended road allowances to the water's edge of Georgian Bay, separating their properties from the beach.
The appellants argued the Surveyor General erred by ignoring a previous Divisional Court decision, misapplying common law principles of accretion, and rejecting estoppel arguments.
The Divisional Court dismissed the appeals, finding the Surveyor General made reasonable findings of fact supported by evidence, including that no accretion had occurred and that the original 1820s survey intended the road allowances to reach the water.
The court held the standard of review was correctness for law and palpable and overriding error for fact, and found no such errors.
