THE BOUNDARIES ACT
Director of Titles – Ontario (Boundaries Act)
Registry: Peterborough
Between:
James Kevin Green and Judith Mae Green, Applicants
- and -
John and Adelina Urbanski, Objectors
Before: Nancy J. Grozelle, Deputy Director of Titles
Reasons for Decision
Application B-1242
1An application was made by James Kevin Green and Judith Mae Green, the registered owners of lands described as being Part of Lot 84, Concession B, Geographic Township of Chapman, Municipality of Magnetawan, District of Parry Sound designated as Part 6, Plan PSR-703; together with the lands lying between the Original High Water Mark and the Flooded or Controlled High Water Mark of Ahmic Lake in accordance with PIN 52080-0115(LT), for the purpose of confirming, under the Boundaries Act, the true location on the ground of all of the boundaries of the parcel.
2In support of the application, a draft Plan of Survey with the aforementioned boundaries shown by heavy solid line, prepared by the firm of EJ Williams Surveying Limited and signed by E.J. Williams, Ontario Land Surveyor, dated February 8, 2017, was filed together with a Survey Report and supporting documentation.
3An objection was received from John and Adelina Urbanski dated July 19, 2017. The Urbanskis are the owners of the abutting parcel to the north being Part of Lot 84, Concession B, Geographic Township of Chapman, Municipality of Magnetawan, District of Parry Sound designated as Part 7, Plan PSR-703; together with the lands lying between the Original High Water Mark and the Flooded or Controlled High Water Mark of Ahmic Lake in accordance with PIN 52080-0119(LT). They object to the location of the boundary between PINs 52080-0115(LT) and 52080-0119(LT) as it divided the flooded lands as shown on the draft Plan of Survey prepared by Mr. Williams in support of the application.
4No objections were received with respect to the other limits under application.
5There was also no objection to the location of the limit between Parts 6 and 7 as shown on Plan PRS-703. The objection is with respect to the division of the flooded land lying in front of Parts 6 and 7, Plan PRS-703.
6The Hearing
As a result of this objection, a hearing was convened on September 11, 2018.
Present at the hearing were:
The Applicant: James Kevin Green
Counsel for the Applicant: Cameron Hoos
Land Surveyor with the Applicant: E.J Williams, OLS
Witness: Mark Langford
Objectors: John and Adelina Urbanski
Counsel for the Objectors: Charles Loopstra
Land Surveyor with the Objector: Izaak de Rijcke, OLS
Witness: William Knight
7The applicants, the Greens, presented their evidence through expert witness Ontario Land Surveyor E.J