The appellant surveyors prepared a reference plan that incorrectly portrayed a right of way as a straight line, failing to show a curve that circumvented a rock outcrop.
The reference plan was deposited on title.
A dispute arose between the neighbouring property owners over the use of the road.
The surveyors brought a motion to rectify the reference plan under section 160 of the Land Titles Act.
The motion judge dismissed the motion, holding that the registered title was indefeasible.
The Court of Appeal allowed the appeal, finding that a reference plan does not independently create an interest in land and that the court has jurisdiction to rectify the boundaries of the right of way.
