The appellants appealed an order of the Surveyor General confirming a survey plan that fixed the position of a concession road allowance and shore road allowance across their property.
The appellants argued the Surveyor General erred by disregarding an original monument and relying on a standard iron bar as the best evidence of the inner limit of the shore road allowance.
The Divisional Court dismissed the appeal, finding no error of law in the application of the hierarchy of survey evidence and no palpable and overriding error in the Surveyor General's factual findings regarding the monuments.
