The applicant Municipality sought a declaration of ownership over a strip of beach on Georgian Bay where the respondent had built a deck.
The respondent argued the beach was owned by the Provincial Crown.
The court analyzed the historical conveyances, including the original 1899 Crown Patent and a 1969 Reference Plan, applying the Supreme Court's decision in Walker.
The court found no express reservation of the beach in the Crown Patent or subsequent conveyances, concluding that the waterfront lots extended to the water's edge.
Consequently, the Municipality, having acquired the adjacent road, also owned the beach.
The respondent was found to be trespassing and ordered to remove the deck.
