Simon's Megalomaniacal Legal Resources

Real Property - Crown Patent

. Upper Canada Land Titles and Patent Research Initiative v. Niagara (Municipality)

In Upper Canada Land Titles and Patent Research Initiative v. Niagara (Municipality) (Ont CA, 2023) the Court of Appeal considers some rarely referenced property law basics, including Crown Patents:

[4] In addition, the by-law does not conflict with the Crown patent. The Crown patent is not a legislative Act, but rather a grant of title to the lands in issue pursuant to the Crown’s prerogative. The patent gives the owner of the lands all of the property rights that normally flow from ownership of private property. However, it does not immunize the lands or the owners of the lands from regulation by the municipality in accordance with the powers under the Municipal Act over activities that are allowed on the property. Accordingly, s. 14(1)(b) [SS: "Conflict between by-law and statutes, etc."] of the Municipal Act has no application on the facts of this case.