Court File and Parties
COURT FILE NO.: 087/13
DATE: 20220128
ONTARIO
SUPERIOR COURT OF JUSTICE
BETWEEN:
John Owen Tyler and Kimberly Diane Tyler
Plaintiffs
- and –
George Eadie and George Eadie as executor of the
Estate of Susan Eadie
Defendants
AND BETWEEN:
George Eadie
Plaintiff by Counterclaim
- and –
John Owen Tyler and Kimberly Diane Tyler and John Doe And Jane Doe, as executors of the Estate of Hazel Everett
Defendants by Counterclaim
J. Mastorakos and S. Clements, for the Plaintiffs
G. Roberts and S. Micoo, for the Defendants
G. Roberts and S. Micoo, for the Plaintiff by Counterclaim
J. Mastorakos and S. Clements, for the Defendants by Counterclaim
HEARD: April 25, 2022
ADDENDUM TO JUDGMENT
J.C. CORKERY J.
[1] The parties appeared before me today for further submissions with respect to the determination of the terminus of the common boundary between their properties, as directed in my judgment released November 1, 2021. I also had the benefit of their written submissions.
[2] By way of correction and for greater clarity, paragraph 112 of my judgment is deleted and replaced with the following:
[112] The common boundary between the Tyler and Eadie properties terminates where it intersects the water’s edge of Balsam Lake. Plan 57R10228 shows the common boundary measured to the water’s edge. On the date that survey was completed, April 13, 2013, the common boundary to the water’s edge measured 56.40 metres.
[3] The parties have agreed on a further amendment to my judgment. On consent of the parties, paragraph 124 3. of my judgment is deleted and replaced with the following:
[124]
- Premised on:
i) the location of the Eadie dock as referenced in Parts 1, 2, 3 and 4 in Plan 57R-10351,
ii) that size, measurements and location of the Eadie dock as defined in Plan 57R-10351 shall not be increased,
Eadie and any subsequent owners in title shall not launch from or occupy any land or water to the west side of the Eadie dock as it impairs the riparian rights of the Tylers and their successors in title, and the Tylers and any subsequent owners in title shall not launch from or occupy any land or water to the east side of the Eadie dock as it impairs the riparian rights of the Eadie and their successors in title.
J.C. Corkery J.