Law360 Canada ( September 23, 2021, 1:47 PM EDT) -- Appeal by three First Nations and the Attorney General of Canada from a decision that found the respondent estate was the owner of three islands located in Lake Katchewanooka. In treaties made in 1818 and 1856, the First Nations surrendered their title to a vast tract of land. The First Nations requested that any islands in the waterways within the surrendered land be excluded. In 1868, the province of Ontario, by Letters Patent, granted Lot 35 to the estate’s predecessor in title. The Letters Patent did not reference the islands. The application judge found that when Lot 35 was first surveyed in 1818, the islands were connected to Lot 35 and that since the islands subsequently separated from the mainland because of changes in water levels brought about by dams erected in the 1830s, the islands were included as a matter of law in the Letters Patent conveyance of Lot 35....