The appellants, owners of waterfront properties on Nottawasaga Bay, appealed a decision of the Coordinator in the Office of the Surveyor General confirming a municipal resurvey under the Surveys Act.
The resurvey extended two road allowances straight across accreted lands to the water's edge, effectively cutting off the appellants' water access.
The Divisional Court allowed the appeals, finding that the Coordinator's decision was unreasonable.
The Court held that the Surveys Act does not displace the common law principles of accretion, which dictate that accreted lands attach to riparian properties and should be equitably allocated.
The matter was remitted for a trial of an issue regarding whether the survey should be confirmed with or without amendments.
