Herold Estate v. Canada (Attorney General)
The Court of Appeal allowed the appeals because the application judge made extricable legal errors: he failed to interpret the 1868 Letters Patent by objectively ascertaining the parties' intentions in light of the factual matrix and Crown treaty obligations; he misapplied the Flooding Principle inconsistent with his factual findings; and he failed to consider Treaty 78 obligations as relevant to what the Crown intended to convey. Properly interpreted, the Letters Patent did not convey the islands and the Estate therefore did not obtain title to them.
Source excerpt
- Crown grants
- Letters patent
- Water boundaries
- Treaty interpretation
- Title to land
- Standard of review