The Hon. Mr. Justice Patrick Brooks

Negligence – Construction of dyke as foundation for a railway line – Dyke having provision for a

river to pass under the line through culverts – Unusually heavy rainfall – Flooding of lands upstream

from the dyke – Whether culverts inadequate - Whether owner of dyke negligent

Civil Procedure – Costs – Default costs certificate – Application to set aside –

Registrar signing default costs certificate after the filing of the points of dispute – No

evidence of service of the points of dispute – Whether receiving party entitled to

Civil Procedure – Application to substitute claimant – Assets of original claimant

acquired by applicant – Applicant has since transferred the interest which it

acquired - Counterclaim existing against original claimant – Counterclaiming

defendant not interested in pursuing the counterclaim against original claimant or

applicant - Whether applicant ought to be substituted – Whether original claimant

Land – Boundary Fence – Fence not placed along the registered boundary – Dispute as to

the length of time that fence in place – Whether acquiescence as to location - Whether

sufficient time had elapsed for fence to be declared the boundary – Whether possessory

title secured as a result of incorrect placement – Limitation of Actions Act ss. 3 and 45

Civil Procedure – Costs – Appeal against taxation – Receiving party filing bill of

costs out of time – Whether delay fatal – Judicature (Supreme Court) Additional

Powers of Regisrar Act, s. 4; CPR rr. 64.2, 65.18 and 65.19