B. Allison

Two applications were brought to determine the boundary between properties in Lot 16, Concessions 9 and 10 in the Township of Gordon.

The applicant Walker claimed ownership based on mathematical survey lines, while the respondents and the applicant Bainborough argued that an antique fence marked the true boundary.

The court applied the hierarchy of boundary evidence, finding that the historical fence, which had been accepted by previous landowners for decades, was the best evidence of the original boundary.

The court also found that Walker's claim was statute-barred under the Real Property Limitations Act.

Walker's application was dismissed, and the fence was declared the true boundary.

The applicant, charged with historical sexual offences against his daughter, applied for certiorari to quash his committal to stand trial following a preliminary inquiry.

He argued there was no evidence proving he was the person who committed the offences.

The Superior Court dismissed the application, finding that the identity of the name on the information and the name testified to by the complainant constituted sufficient evidence for committal.

Furthermore, the court declined to exercise its discretion to grant certiorari because defence counsel had tactically failed to raise the identification issue or file a mandatory statement of issues at the preliminary inquiry.

The accused pleaded guilty to aggravated assault and stood trial for aggravated sexual assault.

The complainant, who was highly intoxicated, was violently beaten and choked into unconsciousness by the accused.

While the court found the complainant's evidence of vaginal penetration insufficiently reliable due to her intoxication and head injuries, the court convicted the accused of aggravated sexual assault based on his actions of unfastening and lowering the unconscious complainant's pants with sexual intent.