E.J. Williams

The applicants applied under the Boundaries Act to confirm the boundaries of their waterfront property, specifically the boundary dividing flooded lands between their parcel and the objectors' abutting parcel.

The flooded lands were added to the upland parcels by a 1967 Certificate of Correction.

The applicants' surveyor proposed a boundary based on the location of an existing dock, while the objectors' surveyor proposed extending the existing straight-line boundary.

The Deputy Director of Titles rejected both approaches, finding that the applicants' proposed line was arbitrary and the objectors' proposed line would inequitably cut off the applicants' riparian access.

The Deputy Director confirmed a boundary set radially from the controlled high water mark, providing an equitable division that respected the original shoreline configuration and maintained riparian rights.

This case involved a boundary dispute between adjacent property owners on Shawanaga Lake, concerning a piece of land known as "the Point." The applicants sought a declaration of ownership based on a surveyed "White line" while the cross-applicant (respondent) argued the boundary should follow an older fence line, seeking a declaration of ownership or adverse possession.

The court found that the original surveyor erred by not accepting the fence line as the boundary, contrary to established surveying principles and common law.

While acknowledging the historical error, the court ultimately declared the boundary to be the westerly limit of Part 1, Plan 42R-12887, which was consistent with the cross-applicant's long-standing occupation and made the disputed Part 1 his property.

The Land Registry was ordered to amend its records accordingly, and a caution registered by the cross-applicant was vacated.