Sask. judge rules against Village of Buena Vista in land dispute case
A longstanding land dispute between the Village of Buena Vista, Sask. and local cabin owners has reached a verdict after three years.
A King’s Bench Justice in Regina dismissed a legal motion from the village, which argued that certain portions of properties along Last Mountain Lake are actually owned by the province of Saskatchewan.
In the decision dated May 24, 2024, Justice M.A. Baldwin declared that the current boundaries of nine parcels of land on Last Mountain Lake’s northeast shore will be upheld.
The Village of Buena Vista originally brought forward an application in June of 2021, arguing that the provincial Crown was the lawful owner of the land forming the bed and shore of Last Mountain Lake.
The village, which had its boundaries expanded in 2018 to include the nine parcels of land, sought to resurvey the area and submit the findings to the Information Services Corporation (ISC) to update the record.
Cabin owners took issue with this argument – stating that the land belonged to them and they would continue using it as they saw fit.
What ensued was three years of legal action between the two sides.
The case eventually made its way before Justice Baldwin in late April.
In the ruling, cabin owners argued that the village had no personal or public interest to make an application and resurvey the area.
However, the village argued it did, outlining the need for bylaw enforcement and the business activities occurring on some of the parcels. The village referenced a year’s long controversy which centred on whether cabin owners in the area could rent out boat slips on the lake.
“The village describes its interest as that of ‘the authoritative body tasked with the administration of the village’ … and says that determination of the boundaries will enable it to draft bylaws and make appropriate rules and regulations,” the decision read.
In the ruling, Baldwin outlined that there was no indication that the village couldn’t create and institute its bylaws anyway – regardless of who owned the land under and around the boat slips.
“The evidence of the village falls short of establishing that the village has any legal or other interest at stake which would be affected by a determination of the boundaries of the parcels,” the decision read.
A key detail, highlighted by Baldwin, was the fact that the provincial Crown did not weigh in on the issue.
“Here there is agreement among the registered owners and a lack of disagreement from the provincial Crown and, therefore, no determination by the court is necessary,” she wrote.
Baldwin concluded that the village’s originating application needed to be dismissed and the cabin owners were entitled to their taxable costs.
CTVNews.ca Top Stories
DEVELOPING Debate gets testy as MPs consider confidence motion in PM Trudeau
MPs debated the first non-confidence motion of the fall House of Commons sitting today, seeing Conservative Leader Pierre Poilievre push once again for a snap election. But with votes secured to keep them afloat, Prime Minister Justin Trudeau's Liberals were quick to turn the discussion into a referendum on the Conservative alternative.
EXCLUSIVE Image released of mysterious object shot down over Yukon in 2023
An image of the unidentified object shot down over Canada's Yukon territory in February 2023 has been obtained by CTVNews.ca.
Couple in Sault Ste. Marie, Ont., awarded more than $500K for enduring life with hellish neighbour
We've all had neighbours we didn't like, but two people from Sault Ste. Marie have been awarded more than half a million dollars for the 'extreme' behaviour of the people who lived next to them.
Boosting Canadian seniors’ benefits would cost a 'chunk of change,' says PBO
Canada’s budget watchdog says the federal government may not meet its fiscal anchors if it acquiesces to the Bloc Quebecois' demand to expand seniors benefits in exchange for keeping the minority Liberals in power.
Ontario woman seen in viral video of Porsche theft now facing more charges
An 18-year-old woman who allegedly stole a Porsche and then ran over its owner in a caught-on-video incident in Mississauga earlier this month is now facing auto theft charges in Toronto.
Premier Danielle Smith announces plan to change Alberta Bill of Rights
Premier Danielle Smith says she plans to reinforce the right to decide whether to receive a vaccination or other medical procedure in changes to the Alberta Bill of Rights.
Trump mixes up the name of Charlottesville, Virginia, during his speech in Georgia
Donald Trump flubbed the name of Charlottesville, Virginia, while going off script during a speech on Tuesday otherwise focused on economic policy, slamming U.S. Vice President Kamala Harris for lying about 'Charlottestown.'
'I have nothing to do with this': B.C. man says he had no idea his name was linked to global fraud scheme
CTV News and the Investigative Journalism Foundation spoke with a Canadian who claims his identity was stolen and used to set up a series of companies peddling fraudulent investment schemes.
Guilbeault calls out Poilievre over 2023 fundraiser with oil and gas executives
Steven Guilbeault accused Pierre Poilievre of catering to his 'rich friends' in the oil and gas sector by pushing a policy to scrap carbon pricing.