Ontario Barrister and Solicitor Practice Exam

Does the owner of a cottage along a river that has been polluted by a corporation have rights to the water?

1. No rights because it's a natural water body

2. Rights to sue for damages but no rights to the water

3. Riperian rights because the shore allowance was purchased from the municipality

4. Only rights to access the water, not to prevent pollution

The correct answer is: Riperian rights because the shore allowance was purchased from the municipality

The cottage owner has riperian rights because they purchased the shore allowance from the municipality and therefore has ownership of a portion of the river. Option A and D are incorrect because ownership of the land along the river includes ownership of the water. Option B is incorrect because the cottage owner may have rights to the water itself, not just the ability to sue for damages.