For immediate release
Grey Sauble Conservation Authority (GSCA) has been awarded full indemnity costs totaling $22,884.13 following court proceedings related to the ownership of the Hibou Conservation Area. The ruling follows the Court’s earlier decision confirming GSCA’s ownership of the property and addresses GSCA’s request for recovery of legal costs incurred during the litigation.
This decision follows a situation that arose in April 2020 when a “For Sale” sign appeared on the northeast portion of the Hibou property near Leith. The sign raised concerns from local residents and community groups, prompting widespread attention on social media. GSCA staff became aware that another party had registered a title interest in this section of the property and took immediate steps to address the issue. Following legal action to prevent the sale and resolve the title dispute, the Ontario Superior Court of Justice issued a decision on May 27, 2025, declaring that all right, title, and interest in the subject property is vested in GSCA, and that any claim by the respondent or other parties is extinguished.
In its recent decision, the Court reaffirmed that GSCA is the rightful owner of the land in question and that the opposing party did not hold valid title. The Court found that the claim relied on invalid documentation and that the opposing party knew, or should have known, that they did not own the property. The Court also rejected arguments attempting to distinguish between ownership of the land and ownership of the associated Property Identification Number. While legal costs are typically awarded on a partial indemnity basis, the Court determined that higher costs were justified in this case due to what it described as especially egregious conduct. The decision emphasized the seriousness of attempting to appropriate conservation authority land held for public benefit.
“This ruling confirms that GSCA acted appropriately and responsibly to protect public conservation land. The Court’s decision not only reaffirms our ownership of the Hibou Conservation Area but also ensures that the costs of defending that ownership are not borne by local taxpayers,” said Tim Lanthier, CAO of Grey Sauble Conservation Authority.
Hibou Conservation Area consists of approximately 329 acres of land along the shoreline of Georgian Bay. It was acquired by the former North Grey Region Conservation Authority (now GSCA) in the early to mid-1970s, following a successful community fundraising campaign. Since that time, GSCA has maintained Hibou as a public access conservation area.
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For more information:
Grey Sauble Conservation Authority
media@greysauble.on.ca
Background:
Vision: A vibrant watershed, supported by GSCA, where ecosystems thrive, and communities are healthy, safe and prosperous.
Mission: To champion a healthy and safe watershed through innovative conservation efforts, sound planning, and inspiring education initiatives, now and in the future.