Buena Vista ( Village ) v Garner
Village of Buena Vista
Law Firm / Organization
Miller Thomson LLP
Dawn Marie Garner
Nolan William Gross
Lyla Mabel Peters
Randy Greter
Anita Greter
Kevin Dean Farebrother
Cheryl Lynn Farebrother
Leon Alexander Scott
Elaine Marie Scott
Buena Vista Lakefront Holdings Inc.
The Government of Saskatchewan
Law Firm / Organization
Unrepresented
The Registrar of Titles
Law Firm / Organization
Unrepresented

Overview:
The case involved a property dispute over land parcels near Last Mountain Lake in Saskatchewan. The Village of Buena Vista sought declarations regarding ownership and boundary determinations for land bordering the lake. The respondents, including private landowners and Buena Vista Lakefront Holdings Inc., opposed the village’s claims.

Legal Issues:
The central issue was whether the Village of Buena Vista had the standing to seek a court order under Section 21(b) of The Land Surveys Act, 2000 (LSA) for boundary determinations. The village claimed the lake’s bed and shore belonged to the provincial Crown and sought formalization of a survey reflecting this. The respondents argued that their ownership extended to the lake’s shore and opposed the village’s standing, asserting no ownership disagreement among registered owners or with the provincial Crown.

Court Decision:
Justice M.A. Baldwin concluded that the village lacked standing under the LSA as it was neither a registered owner nor demonstrated a legal interest in the land. The court found no disagreement among registered owners or the provincial Crown regarding boundaries, rendering the village's application unnecessary. The application was dismissed.

Costs Awarded:
The court awarded taxable costs in favor of the respondents, recognizing them as the successful parties. Specific monetary amounts were not detailed in the judgment.

Court of King's Bench for Saskatchewan
QBG-RG-01210-2021
Real estate
Respondent