Canadian Exploration Limited v. Rotter

Parties

Procedural Posture

Appeal to Supreme Court of Canada / On Appeal From Court of Appeal for British Columbia (final Adjudication on Title and Damages)

Legal Issues

1. 1 Whether registered land described by plan showing boundary at top of river bank conveys ownership of river bed to the centre (ad medium filum)
2. 2 Whether the ad medium filum rule applies to titles under the Torrens/Land Registry Act and to certificates of indefeasible title
3. 3 Whether a registered plan showing the bank as boundary rebuts the presumption that title extends to midstream

Ratio Decidendi

Majority: The Crown's grant and subsequent registered transfers carried the riparian presumption so that the appellant acquired title to the bed ad medium filum aquae; a reference plan showing the top of bank did not by itself rebut the presumption; provisions of the Land Registry Act and the form of the certificate do not prevent the ad medium filum presumption attaching to Crown grants and passing to transferees; courts may direct amendment of certificates to reflect that right. Dissent: The ad medium filum presumption does not apply to certificates of indefeasible title under the Land Registry Act and registered descriptions control, so title cannot extend beyond described lands.

Court Disposition

Appeal allowed (majority); Court directed amendment of certificates to reflect title to the river bed ad medium filum; Martland J. dissenting

Orders

• Allow the appeal
• Amend the appellant's certificate of indefeasible title and duplicate in Nelson Land Registry Office by adding: 'and the lands immediately adjoining the same to the west ad medium filum aquae of the Salmo River as of May 28, 1945' immediately after the figures 61457-1 in the description