The appellant appealed a trial judgment regarding the ownership of lands under the Riverside Drive bridge and allegations of bad faith.
The Court of Appeal upheld the trial judge's findings that the road was a busy public road in the 1880s, the railway never intended to acquire the land under the bridge, and the road was a municipal street owned by the City.
The appellant's argument that the federal Crown owned the land was rejected, as the road was not an unopened road allowance laid out by a Crown surveyor.
The appeal was dismissed with costs.