Adrian Bortolussi

The applicants sought confirmation of the boundary between their property and the objectors' property under the Boundaries Act.

The applicants' surveyors relied on a historic stone row as the best evidence of the original boundary line, which resulted in the boundary cutting through a portion of an existing barn.

The objectors argued for a different boundary line based on a cut line made by a previous owner, which would place the entire barn on their property.

The Deputy Director of Titles accepted the applicants' survey evidence, finding that the stone row was constructed when the original monuments were in place and well known, and thus constituted the best available evidence of the boundary under the hierarchy of evidence rule.

The objection was dismissed and the boundary was confirmed as proposed by the applicants.

Malmac Enterprises Inc., a mortgagee in possession, sought a declaration that West Bay Road is an access road under the Road Access Act and an injunction to prevent Melissa and Nicola Alkhoury from blocking access to property 600 West Bay Road.

The Alkhourys, owners of the adjacent property 590 West Bay Road, had repeatedly blocked the road which traverses their land.

The court found West Bay Road to be an access road and that the Alkhourys' barriers prevented all road access to the property.

The Alkhourys had also failed to comply with Minutes of Settlement to construct an alternate access road.

The court granted the declaration and injunction, restraining the Alkhourys from blocking the road, except as permitted by the Act.