Riparian Boundaries by Dr. Ballantyne


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Presented by: Brian Ballantyne on November 20th, 2023

Canada Lands are bounded within each of the 13 jurisdictions using the principles (i.e. terms and features) from that jurisdiction. The principles come mostly from the courts. Thus:

Amuse bouche: Was parcel initially bounded by watercourse, has watercourse shifted, what was direction/rate of shift?
Entrée: Chippewas of Nawash v Canada (ONCA – 2023), Chippewas of Saugeen v South Bruce (ONSC – 2023), Fipke v Kelowna (BCCA – 2023), Herold Estate v Canada (ONCA – 2021), Douglas Lake Cattle v Nicola Valley Club (BCCA – 2021), Michel v Saskatchewan (SKCA – 2021).
Dessert: Jim Shot Both Sides v Canada (SCC – October 12, 2023)

Dr Brian Ballantyne is an honorary surveyor (ALS and OLS), inactive lawyer, impartial analyst, and adjunct professor.  He assists surveyors, survey associations, lawyers, landowners, courts, the Crown, and First Nations with boundary, tenure, and institutional issues.  He renders opinions, proffers advice, produces reports, presents seminars, teaches, and supervises.


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