In our first submission, we spoke about standing firm. https://ontariolandowners.ca/standing-firm-property-rights-battles-in-haliburton-county-by-kythe-baldwin/
This installment goes further.
It is about the original line drawn in the sand — and whether that line still means anything in Ontario.
When the Crown surveyor laid out the township fabric in the 1860s, he physically marked the boundaries of each concession and lot. Along navigable waters, a strip was sometimes set aside — the Original Shore Road Allowance (OSRA). It was measured. It was plotted. It was recorded.
That line was not symbolic. It was surveyed. It was fixed.
Later, when the Crown issued a Crown Land Patent, that patent determined whether the OSRA survived — or whether it was extinguished.
If the patent reserved it, it remained Crown land.
If the patent did not reserve it, it passed to the grantee.
That is the foundation of Ontario land law.
The dispute on Maple Lake is not about modern road maintenance. It is not about administrative convenience. It is about whether that original line drawn in the sand can be ignored, shifted, or recreated decades later — despite what the patent says.
That is the line we are defending.
Notice Was Given — Repeatedly
The Township of Algonquin Highlands has been on repeated notice. Multiple cease-and-desist letters were issued advising that the Crown Land Patent for the subject properties contains no reservation for a Shore Road Allowance. No expropriation appears on title. No dedication appears on title. No conveyance to the Township appears on title.
The Township was asked to produce a root of title supporting its claims.
Instead, HCLA signage was removed — not once, but three separate times. Each removal was documented. Photographic evidence exists.
From Correspondence to Small Claims Court
After repeated notice was ignored, Small Claims proceedings were commenced. The claim is straightforward: if the Township asserts ownership, it must prove ownership. If it removes property from private land, it must justify its authority.
The Township’s response has relied heavily on Section 26 of the Municipal Act, suggesting that historic maintenance establishes municipal interest. But Section 26 does not create title; it presupposes title already exists.
The Township’s Position on Patents
During proceedings, the Township’s position has been that Crown Land Patents are irrelevant to the ownership question. That position strikes at the core of Ontario’s land system.
Ontario courts have said otherwise.
In Gall v. Rogers (1993 OCA), the Court confirmed that where boundary disputes arise, the best original evidence governs — typically the original Crown survey and patent.
In Palmer v. Thornbeck (1963 Ont.), the court affirmed that where a patent contains no reservation, the grantee receives full conveyance.
In Attorney General v. Walker (1975 OCA), the Court reinforced that Crown reservations must be explicit and cannot be implied decades later.
Patents are not irrelevant. They are determinative.
Escalation: Licence of Occupation and Engineering Intrusion
The matter has escalated beyond signage removal. Licence of Occupation claims and additional Small Claims actions address engineering plans and construction affecting privately titled land.
Under Annapolis Group Inc. v. Halifax (2022 SCC), government conduct that effectively appropriates private land without compensation may constitute constructive expropriation.
Heavy equipment cannot relocate the original survey line. Administrative reliance cannot redraw the sand.
Where Things Stand
Cease-and-desist notices have been issued. Photographic evidence has been preserved. Small Claims proceedings are underway. Engineering encroachment issues are before the court. The Minister has been contacted under the Boundaries Act.
This is now litigation grounded in established property law principles.
Stay Involved
The Haliburton County Landowners Association will continue to pursue lawful remedies and defend the integrity of Crown Land Patents.
Website: www.haliburtoncounty-ola.ca
Email: kythe@haliburtoncounty-ola.ca
Support for ongoing legal initiatives can be made through our GoFundMe campaign.
Clarity begins with the patent.
And the patent begins with a line drawn in the sand.