The appellant appealed a decision of the Deputy Director of Titles determining the easterly and westerly boundary lines of his property and dismissing his request for costs.
The appellant argued the Deputy Director erred by rejecting surveyor evidence that a cedar hedge and a frame structure established the boundaries through possession.
The Divisional Court applied a reasonableness standard of review and found the Deputy Director reasonably concluded there was insufficient evidence to relate the physical occupation back to the original survey.
The appeal was dismissed, and the appellant was ordered to pay costs to one of the respondents.