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

6.4 Boundaries Act Decisions
6.4.1 Boundaries Act File B-1167 (Frustaglio) (Tab 19)
This decision orders an unconventional distribution of accretion at a point of land, not staying
consistent with Paul v. Bates, but it seems to be a reasonable solution given the circumstances.
As in Andriet, seeking an equitable solution finds favour. The ruling recognizes differences
between Canadian and US treatment of accretion and acknowledges that it is possible for a
riparian property to lose that status if natural actions are the cause, based on Cooper v. Queen’s
County.
6.4.2 Boundaries Act B-1178 (Marion) (Tab 20)
There are no new concepts introduced in this decision, but it contains a solid discussion of the
concept of ownership to the water’s edge based on the key cases. See ‘The Law’, at pages 5
through 8.
6.4.3 Boundaries Act File B-1173 (McCrory) (Tab 21)
Another good discussion with respect to riparian land and accretion.
At the top of Page 10, Deputy Director Cotterill says: One boundary of the subdivision in
question is a line between concessions in a 2400 acre sectional township. The Surveys Act at
least gives us a method for establishing the location of this line to the ‘water’s edge’. The line
between concessions 11 and 12 in the Township of Nottawasaga is the rear boundary of a
concession in a sectional Township with double fronts. The two concessions are broken at the
end by Lake Huron and Lot 50 is a broken lot in both concessions. Subsection 33(6) of the
Surveys Act R.S.O. 1990, c. S.30 states:
Establishment of rear boundaries of concessions
33 A surveyor in establishing the rear boundary of a concession in a sectional township with
double fronts shall proceed as follows:
(6) If both concessions in a section are wholly broken by a lake or river on their fronts and no
posts were planted in the original survey to establish the rear boundaries of such concessions,
the surveyor shall establish the rear boundary of such concessions on the astronomic course
intended in the original survey from a point established on the limit of the section nearest the end
from which the lots are numbered midway between the section corners.
From this I understand that the concession line is to be produced straight until it intersects the
‘water’s edge’.
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