The appellants appealed a decision of the Surveyor General of Ontario confirming the location of a road allowance under the Surveys Act.
The dispute arose because the confirmed location placed the road allowance on the portion of the appellants' property bordering water, thereby removing their riparian status.
The Divisional Court dismissed the appeal, finding that the Surveyor General had jurisdiction, the fact-finding hearing process was procedurally fair, and her substantive conclusions regarding historical survey evidence and natural boundaries were reasonable and entitled to deference.
