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ARTICLE · 10 NOVEMBER 2020

Municipality Restrained From Interfering With Cottage Owners' Use Of Fire-Pit Lands

Gardiner Roberts LLP
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The applicants were owners of three cottages among a line of neighbouring lots on the waterfront of Georgian Bay and adjacent to grassy lands between their properties and a beach.

CanadaReal Estate and Construction
James R.G. Cook
James R.G. Cook
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Seasonal residents of cottage properties in Tiny Township obtained an injunction prohibiting the municipality from interfering with their use of disputed lands containing fire-pits: Galati v. The Corporation of the Township of Tiny, 2020 ONSC 6442 (CanLII).

The applicants were owners of three cottages among a line of neighbouring lots on the waterfront of Georgian Bay and adjacent to grassy lands between their properties and a beach. The beach lands had been dedicated to the public by the original owners of the lands in 1931. However the ownership of the grassy lands was in dispute as they had not been formally registered in the names of the cottage properties or the Township.

The cottage owners claimed that they and their predecessors in title enjoyed exclusive possession and use of the grassy lands in front of their respective cottage lots and the beach. They had erected signs stating that the grassy area was not accessible to the public. The cottage owners paid

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