Facts of the Case:
The City of Melville appealed a Chambers decision that denied its request for a declaration of an easement over a property described as SE Sec 04 Twp 23 Range 06 West of the 2nd Plan No. 102280801 (Southeast Quarter). The City claimed the easement had existed since 1963 but could not produce a written document proving its existence. The claim was based on a caveat registered in 1963 under an unregistered easement agreement.

Legal Issues and Arguments:

• The City of Melville argued that the Chambers judge misapprehended the evidence, misapplied relevant case law (Moore v Mollard), and incorrectly ruled under s. 109 of The Land Titles Act, 2000.

• The City also claimed the judge misapplied the principle of indefeasibility, which protects registered landowners from unregistered claims.

• Jordan Keller, the respondent, maintained that the City failed to establish the easement’s scope, terms, and validity.

Decision and Costs:
The appellate court upheld the lower court's ruling, finding no error in the Chambers judge’s decision. The appeal was dismissed, and costs of $4,000 were awarded to Jordan Keller.