THE BOUNDARIES ACT
Director of Titles – Ontario (Boundaries Act)
Registry: Halton
Between: James Crammond – Applicant
- and -
Marie Defay – Objector
Before: Nancy J. Grozelle, Deputy Director of Titles
1An application, dated January 29, 2020 was made by James Crammond, who at that time was the registered owner of lands described as being Part of Lots 6 and 7 South Guelph Street, Village of Norval, in the Town of Halton Hills, Regional Municipality of Halton, in accordance with PIN 25050-1112(LT), municipally known as No. 508 Guelph Street, for the purpose of confirming, under the Boundaries Act, the true location on the ground of the southerly boundary of the parcel.
2The applicant transferred his property to Stefan Rodde and Kimberlee Anne O’Hearn on August 20, 2020 and they have consented, in writing, to Mr. Crammond proceeding as the applicant.
3In support of the application, a draft Plan of Survey with the boundary under application shown by a heavy solid line, prepared by the firm of Speight, Van Nostrand and Gibson Limited (SVNG) and signed by Adam J. Werrell, Ontario Land Surveyor, dated January 27, 2020, was filed together with a Survey Report and supporting documentation.
4An objection was received from Marie Defay dated June 23, 2020. Ms. Defay is the registered owner of the abutting parcel to the south being Part of Lots 6 and 7 North of Green Street and Part of Lots 6 and 7 South of Guelph Street, Village of Norval, in the Town of Halton Hills, Regional Municipality of Halton, in accordance with PIN 250501132(LT), municipally known as N0. 507 King Street. She objects to the location of the boundary between PINs 25050-1112(LT) and 25050-1132(LT) as shown on the draft Plan of Survey prepared by OLS Werrell in support of the application.
The Hearing
5As a result of this objection, an electronic hearing was convened on November 2, 2020.
6Present at the hearing were:
The Applicant: James Crammond
Counsel for the Applicant: James Macdonald
Land Surveyor with the Applicant: Adam Werrell
Objector: Marie Defay
Counsel for the Objector: Jag Brar
Land Surveyor with the Objector: Zachary Fiddes
7The applicant, Mr. Crammond, presented evidence through expert witness Ontario Land Surveyor Adam Werrell. The objector, Ms. Defay, presented evidence through expert witness Ontario Land Surveyor Zachary Fiddes.
8Three exhibits, one containing multiple tabs, were submitted during the hearing. The exhibit listing can be found at Appendix A.
9The intent of a Boundaries Act Hearing is to determine the true location of the boundary.
Boundaries Act, RSO 1990, Section 3(1) states:
“Where doubt exists as to the true location on the ground of any boundary of a parcel, an application, in the prescribed form, may be made to the Director to confirm the true location of the boundary on the ground.”
10To be determined is the true location on the ground of the boundary between the properties defined by PINs 25050-1112(LT) and 25050-1132(LT).
REASONS
Adam Werrell, Surveyor for the Applicant:
11As illustrated on the draft plan of survey OLS Werrell has