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ARTICLE · 21 OCTOBER 2011

Shoreline Dispute – Public Highway

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The Superior Court granted summary judgment dismissing the Township’s action for declaratory relief against its residents in a dispute over the ownership of a strip of land running along the Georgian Bay shoreline.

CanadaGovernment, Public Sector
Tiffany Tsun
Tiffany Tsun
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The Corporation of the Municipality of Meaford v Grist, 2011 ONS C 5195 (Released September 21, 2011)

The Superior Court granted summary judgment dismissing the Township's action for declaratory relief against its residents in a dispute over the ownership of a strip of land running along the Georgian Bay shoreline. Although the motions for summary judgment were brought by only some of the defendants, the Court dismissed the plaintiff's action as against all defendants.

The defendants owned cottage lots located on Georgian Bay. The disputed road, which the Township asserted had been established by a pre-Confederation by-law in 1854 ("By-law 11") ran through the defendants' properties immediately adjacent to the water's edge. By-law 11 was not registered on title in respect of any land until after 2004, when it was discovered by the Township in the basement of the municipal offices. Upon discovery of By-law 11, the Township passed By-law 80-2007 which purported to

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