Surveys Act Gambit – The Decision is In

By way of background, this issue had a tortured history, and relates to waterfront property and its boundaries as it relates to a municipal road that likewise goes to the water’s edge.  There was litigation between the land owner on one side of the road as against the owner on the other side of the road (which never went anywhere), an application under the Boundaries Act which was aborted at the last minute, a subsequent lawsuit as against the municipality, a new Boundaries Act application raising different issues compared to the first, which finally triggered an application by the Municipality under the long forgotten provisions of the Surveys Act.

This decision is of considerable importance in the context of the historical lowering of the Great Lakes water levels and what to do with the boundary lines of a municipal road as the lakes recede.  In short, the Surveyor General of Ontario has ruled that the road is to continue along the same path, without bend or deflection as that is consistent with the intended lot fabric of the Township.

John Barzo
205-60 Collier Street,
Barrie, Ontario, Canada
L4M 1G8

#: 705-733-6245

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