Summary:
The trial judgment gave the public access to two lakes on the appellant, DLCC’s property. DLCC challenges the judge’s determination that a road and a trail on the property were excepted from an 1895 Crown grant and that there is public access to both lakes. Held: Appeal allowed in part. The road in question was excepted from the Crown grant; however, because the trail was not excepted from the Crown grant and the elements of common law dedication are not met, the trail is not a public way. The trial judge erred in determining the natural boundary of one lake by failing to address the applicable statutory criteria. The public road at issue does not reach the natural boundary of either lake, as defined by survey. The Trespass Act permits DLCC to prohibit the public from crossing its property, including its land under water. The lakes in question are not navigable and no case for access to the shoreline as a right appurtenant to the right to navigate is made out. A public interest costs order against DLCC and the respondent Province was also set aside, with each party ordered to bear their own costs at trial.
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