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.
