The applicant sought confirmation under the Boundaries Act of the true location of the boundaries of a property known as Rossini Park.
The objector, who owned the abutting water lot to the north, disputed the northerly boundary of the park, arguing it should be the limit depicted on Plan 813 rather than the current water's edge.
The applicant claimed the disputed land was the result of natural accretion.
The tribunal found that fill material had been intentionally and substantially deposited both into the water and onto the dry land between 1931 and 1944, which fixed the boundary position at its last known location prior to the filling event.
The tribunal dismissed the application in part, allowed the objection, and confirmed the northerly limit of the park as retraced by the objector's surveyor.
