What is the test to prove that a lake is navigable?
Ontario, Canada
The following excerpt is from The Toronto-Dominion Bank v Wise, 2015 ONSC 5014 (CanLII):
Navigability alone may not be the test. A lake which is not navigable, but which is equipped, for example, with a public boat launch may well provide sufficient access (see Dobson v. Tulloch).
Where there is an issue as to whether the easement should be relocated, a reference may be directed for that purpose (see Dobson v. Tulloch at para. 61).
"The most advanced legal research software ever built."
The above passage should not be considered legal advice. Reliable answers to complex legal questions require comprehensive research memos. To learn more visit www.alexi.com.
Other Questions
What is the burden of proving an employee was wrongfully dismissed? (Ontario, Canada)
What is the legal burden of proving due execution, knowledge and approval and testamentary capacity in a will? (Ontario, Canada)
In what circumstances will the Crown not have to prove that the road was slippery, or that visibility was poor or slippery? (Ontario, Canada)
What is the burden of proving a cause of action against a defendant prior to the statutory limitation period? (Ontario, Canada)
What is the burden of proving imputation of income? (Ontario, Canada)
What is the evidentiary burden of proving badges of fraud? (Ontario, Canada)
What is the test for proving intent to defeat or delay creditors? (Ontario, Canada)
What is the burden of proving a material change in circumstances? (Ontario, Canada)
What is the burden of proving causation in a motor vehicle accident case? (Ontario, Canada)
What is the test for proving dishonesty of fraud in a real estate transaction? (Ontario, Canada)
