Executive Summary: Key Legal and Evidentiary Issues

• GSCA sought a declaration of ownership over a property omitted from title conversion due to administrative error.

• Mr. Dirckx’s claim relied on a quitclaim deed with no proven root of title or evidence of how the title originated.

• GSCA demonstrated uninterrupted ownership and control of the property since its 1973 acquisition.

• Affidavit evidence from a former associate alleged a fraudulent scheme by Mr. Dirckx to fabricate title.

• The court found Mr. Dirckx failed to establish title and drew an adverse inference due to missing key evidence.

• Ownership was vested in GSCA, and the court declared all claims by Mr. Dirckx extinguished.

Facts of the case

The Grey Sauble Conservation Authority (GSCA) brought an application before the Ontario Superior Court of Justice seeking a declaration of title over a parcel of land identified as Parcel 3 of Lot 36, Broken Front Concession, in the Municipality of Meaford. This land lies within the Hibou Conservation Area, which GSCA operates. The issue arose when Leroy David Dirckx placed a "For Sale" sign on the property in 2020, prompting complaints from the public and raising a dispute over ownership.

GSCA traced its title to a 1973 deed, Instrument R138258, which conveyed the property from the estates of former owners to its predecessor, the North Grey Regional Conservation Authority. However, during Ontario’s 2009 administrative conversion from the registry system to the land titles system, this particular parcel was not properly converted, leaving it without a recognized owner in the parcel index map.

Mr. Dirckx claimed ownership under a quitclaim deed from Roger Pearce in 2013, which was followed by two subsequent transfers that ultimately vested the property in his name. The chain of title he relied upon did not include any documentation showing how Mr. Pearce acquired title. GSCA challenged the validity of this chain and claimed either registered title or, in the alternative, adverse possession through continuous use and control of the land since 1973.

Court’s analysis and findings

Justice Emery evaluated both claims. GSCA established a clear and uninterrupted chain of title from 1900 through the 1973 deed. Although the subject property had not been converted to land titles, the court found this was due to the omission of Instrument R138258 during the conversion process, likely because the Director of Titles could not find a current owner in the registry system.

The respondent, Mr. Dirckx, failed to establish good root of title. The court found that none of the instruments he relied on—R564534, R564718, and R565478—demonstrated how Roger Pearce obtained title to the subject property. Mr. Pearce’s quitclaim deed merely stated it was "to confirm transferee’s legal title," without offering evidence of ownership. Neither Pearce nor other key parties provided affidavits or testimony, and the court drew an adverse inference against Mr. Dirckx for failing to produce this essential evidence.

The court also considered evidence from Erica Lawson, a former realtor at Atlas World Realty Inc., Mr. Dirckx’s company. She alleged that Mr. Dirckx devised a scheme called "Project Perspicarious" to identify properties left in the registry system, fabricate title through rogue deeds and staged transfers, and eventually sell them for profit. Mr. Dirckx did not cross-examine Ms. Lawson or respond to the fraud allegations. The court found her testimony credible and consistent with the facts.

GSCA also claimed title through adverse possession. The court found that GSCA had actual, continuous, and exclusive possession of the subject property since 1973, had exercised control, paid taxes, and managed public access. This satisfied the legal test for adverse possession, as reaffirmed in Pepper v. Brooker, 2017 ONCA 532.

Outcome and order of the court

Justice Emery granted judgment in favor of the Grey Sauble Conservation Authority. The court made the following orders:

• Declared that all right, title, and interest in the subject property (PIN 37092-0350(R)) is vested in GSCA in fee simple.

• Declared that any claims or interests by Mr. Dirckx or any other person in the property are extinguished.

• Directed the Land Registrar to delete Instruments R564534, R564718, and R565478 as null and void.

• Ordered the discharge of the Certificate of Pending Litigation registered on the property.

The judgment was released on May 27, 2025. The court left costs to be resolved between the parties or through written submissions.