South Bruce Peninsula to Appeal $1.67 Million Legal Fees Ruling in Sauble Beach Boundary Dispute

The town of South Bruce Peninsula in Ontario is gearing up for an appeal after being ordered to pay $1.67 million in legal fees to the Chippewas of Saugeen First Nation in a long-standing boundary dispute over Sauble Beach. The ruling by Superior Court Justice Susan Vella also mandated the province to pay $1.28 million, and the federal government to contribute $322,000 to the First Nation.

The town is contesting the cost award, arguing that Canada should bear the financial burden as it was primarily responsible for identifying the reserve boundary, conducting the survey, and issuing Crown patents that granted the town title to the beach. The town believes that Canada’s admission of breaching fiduciary duties during the trial further supports its position.

Despite the ruling, the cost award is currently suspended pending the outcome of the appeal. The town’s statement on its website emphasized its intention to seek indemnification from Canada for the entire costs award and potential damages in Phase 2 of the legal proceedings.

Saugeen Chief Conrad Ritchie expressed gratitude for the court’s recognition of the First Nation’s rights and the reimbursement of legal costs, which will be redirected to support the community. The ongoing legal battle stems from a historical land dispute dating back to Treaty 72 from 1854, where the Crown failed to protect and preserve Saugeen First Nation’s land rights.

The federal government acknowledged the error in the 1970s and has since backed the First Nation’s claim to the disputed beach area. Despite the complexities of the case, Justice Vella’s rulings have consistently favored Saugeen First Nation’s ownership of the land, prompting appeals from the town, landowners, and the province.

The Ontario Court of Appeal recently heard arguments from all parties involved, with a decision pending. As the legal saga continues, the fate of Sauble Beach and the surrounding territory remains uncertain, with significant financial and historical implications at stake.