Report of Research, Field Investigation and Survey of Robert D ...

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Plan 51R-34916 surveyed part of Lot 16, Concession 7, and includes a bearing and distance across the southerly boundary. Bearings are UTM grid and no convergence factor is indicated on the plan, but using the value I have determined, the astronomic bearing is close to the bearing on the Nicholson plan for Lot 17. Similarly, the distance comparison is reasonable, being approximately 20m. The nominal lot width according to the original survey is 624.0m: Plan 51R- 34916 measures 622m for Lot 16, while Nicholson measures 642.0m for Lot 17. I could not find any survey records for Lots 14 or Lot 15, so no overall comparison across Lots 14 through 18 is possible. I would summarize all of this by saying that there are many unknowns with respect to the bearings for the underlying surveys. No consistent bearing system has been used over the years. There may be a 2 degree bend across Lot 17, but I can’t be sure from these plans. Evidence used for many of these surveys was old fencing, which may have been valid as evidence, but it is impossible to know whether or not the fences were actually based on Municipal Survey 572. If they were not, the bends I have noted could be accounted for. Page 28 of 66
5.6 Centre-line Profile of Road Allowances Three dimensional measurements were made along the centre-line of both Road Allowances at all key changes in grade between the water’s edge and the top of sand bank at the ‘back of the beach’. The location for each of the critical elevations were determined by interpolated between each of the actual tie points. It is recognized that a sand beach is an ever changing environment, but I am not aware of any better information related to these elevations. Below the water level, wave scouring will remove sand in one place and deposit it in another location. Similarly, wind action will have a similar impact above water level. As the water level rises or lowers, this dynamic will continue, but in differing ways and locations. There is no doubt in my mind that the exact profiles we have measured are not the same as at the dates we are trying to replicate, but I know of no other better way to accomplish the task. I would suggest that in the absence of accurate historic surveyed representations of this beach area (which do not exist), that the exiting profile is the best model we can produce. Both profiles show a cluster of events in close proximity, despite the passage of nearly forty years. This is not surprising however, since the water elevations from 1891, 1920 and 1929 are all vertically within 0.4m of each other. The Profile of the Road Allowance between Concessions 6 and 7 also shows the location of the extent of the survey by the original Goessman survey and by the Municipal Survey, along with the interpolated elevation for these locations. The Field Notes for both of these surveys are very clear in the distances they measured, although neither shows an actual tie to the water’s edge. The Field Notes for the Municipal Survey indicate ‘Drifting Sand’ and ‘Sand Dunes’ at the westerly extent of Lot 19, but no indication of the feature that was actually measured to. The Field Notes for the Original Survey by John Goesmann indicate that the measurement was ‘To the Beach’, but no tie to the Water’s Edge is shown. The Profile of the Road Allowance between Lots 18 and 19 shows the location of Goessman’s Shore Traverse station, along with it’s interpolated elevation. I have done my best to interpret Goesmann’s traverse notes, although I admit to some uncertainty as to what he is actually trying show. I have plotted the Shore traverse across Concessions 5, 6 and 7, and this plot is included at Appendix C. In several places, Goesmann shows a course which corresponds exactly with the course of either a concession line or lot line, and in some instances I have assumed that this course is referenced to a post at a lot corner. At the top of Page 89 of the Original Field Notes, where Goesmann starts his traverse across Concession 5, he shows a distance of 8.80 chains on a course of S60W, described as ‘at the Conc on the Sand’. On Page 14 of the same Notes, there is a total tally of 2 chains across Lot 23, with the final entry being 1 chain, described as ‘on the Sand Beach’. I have concluded that the traverse tie of 8.80 chains is from the centre-line post opposite the westerly boundary of Lot 23, Concession 5, and on a production of the Concession centre-line across the beach. Page 29 of 66
Page 1 and 2: Report of Research, Field Investiga
Page 3 and 4: SURVEY REPORT File: 13-7508 Ontario
Page 5 and 6: • Plan and Field Notes of Survey
Page 7 and 8: • Surveyor’s Real Property Repo
Page 9 and 10: 3) Plan Review: 3.1 (Tabs 1, 2 and
Page 11 and 12: 3.3 (Tab 8) Reg’d. Plan 757 This
Page 13 and 14: Of relevance to the present survey
Page 15 and 16: 3.16 (Tab 26) Plan 51R-35907 This i
Page 17 and 18: 3.24 (Tab 34) Field Notes by D.W. L
Page 19 and 20: 4) Title Search Review I obtained c
Page 21 and 22: 4.5 Lots in Reg’d. Plan 779 (see
Page 23 and 24: 4.9 Abstract for Lot 8, Reg’d. Pl
Page 25 and 26: 5.2 Site Description The subject ar
Page 27 and 28: 5.4 Field Procedures All field meas
Page 29: I also reviewed several of the plan
Page 33 and 34: 6) Law Review 6.1 Relevant Statute
Page 35 and 36: 1. If intended in the original surv
Page 37 and 38: 6.2 Case Law Related to Surveys und
Page 39 and 40: 6.3 Case Law Related to Riparian Bo
Page 41 and 42: 6.3.4 Re: Brew Island (Tab 10) Mere
Page 43 and 44: 6.3.6 Red Deer v. Pitt (Tabs 12 and
Page 45 and 46: ascertained. Given this result, I n
Page 47 and 48: The trial judge observed that the l
Page 49 and 50: [60] This court finds that the desc
Page 51 and 52: 6.3.11 Clarke v. Canada (Tabs 28 an
Page 53 and 54: The Application was dismissed becau
Page 55 and 56: The use of this rationale is then c
Page 57 and 58: His response follows: C Extinguishm
Page 59 and 60: At Para 34 Justice Lauwers continue
Page 61 and 62: 6.4.9 Boundaries Act File B-1232 (E
Page 63 and 64: 6.5.2 Draft Memorandum to Council o
Page 65 and 66: Values are given monthly, and for p
Page 67: Based on the Ellard case, the lot o

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