ERIC KRAUSE

In business since 1996
- Krause House Info-Research Solutions -

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ERIC KRAUSE GENEALOGY

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PARKS CANADA ACQUIRED LAND AT POINT PELEE

KRAUSE

See also: The Fisheries of Point Pelee and My Life at Point Pelee National Park - 1943-1968


PARKS CANADA SUMMARY REGARDING THE FISHERIES OF POINT PELEE

1954

DECEMBER

William Krause and and Sons are in fact owners of the land on the west shore of the point, where their ice house and fishery building are located

Right of a fishing company to occupy a parcel of land within the Dominion Government Point Pelee National Park

William Krause and Sons - Investment to date in equipment and buildings: 50,000 dollars

http://ink.ourontario.ca/browse/lp -The Leamington Post. December 16, 1954 - pg. 5

1955

JULY

300 feet along the shoreline - The investment made in the Krause holdings was valued at $50,000

http://ink.ourontario.ca/browse/lp -The Leamington Post. July 7, 1955 - pg. 2

1956

Probably by far the great majority of actions today for the recovery of land are brought by landlords or by mortgagees. A landlord entitled to forfeit the lease for nonpayment of rent or breach of covenant may do so by bringing an action for possession .....

... Whether that right be legal or equitable (Thorne v. Williams (1887), 13 O.R. 577; Jones v McGrath (1886), 16 O.R. 617; Turley v. Benedict (1882), 7 O.A.R. 300). Two recent cases in point reported in 1956 are Attorney General of Canada v. Krause [1956] O.R. 675, and Finnigan v. Dzus, [1956] O.R. 69. The first of these was an action by the Crown for recovery of lands on Point Pelee against defendants who asserted title thereto by possession (Re Bagshaw and O'Connor (1918), 42 OLR 466). Similarly by such an action a landlord may oust an overholding tenant whose lease has expired or whose tenancy has been determined by notice to quit. Any landlord who has a right by this remedy (Re Bagshaw and O'Connor (supra)). In mortgage actions a claim for foreclosure and the claim for payment. Similarly a mortgagee who is ....

Krause, Attorney General of Canada v. 675

C.A. Attorney General of Canada v. Krause Roach, J.A. 687

C. A. Attorney General of Canada v. Krause 679
 

... To establish title by possession as against the Crown the proof must be clear and unequivocal and the acts relied on should be regarded strictly against those setting them up, so that the interest of the Crown and the public can be protected. There can be no constructive possession as against ...

... Marshall v. Taylor. [1885] 1 Ch. 641: Littledale v. Liverpool College [1900] 1 Ch. 19; Leigh v. Jack (1879), 5 Ex. D. 264; Donovan  v. Herbert (1884), 4 O.R. 635.

J. W. Swackhamer, following: The lease to the South Essex Gun Club and payment of rent thereunder excluded ...

... K.C., in 8 D.L.R. (1913) p. 1021 at p. 1024.  Any purported transfer before 1937 was by bill of sale, which negatives any intention to convey an interest in real property. The conditional sale agreement of 11th December 1937 makes it abundantly clear that there was no intention to convey ...

... J. J. Robinette, Q.C., for the defendant, respondent: The finding of fact made by the learned trial judge, that successive occupants of what is now known as the Krause Fishery had been in possession of the lands and buildings comprising it since before 1880, was amply supported by the evidence. At common law time did not run against the Crown: nullum tempus occurrit regi. However, by the statute called The Crown Suits Act, 1769 (GB) , c. 16, generally known as The Nullum Tempus Act it was provided that 60 years' possession of Crown lands by successive occupiers would bar the right of the Crown. This Act was held to be part of the law of Upper Canada in Regina v. McCormack (1859), 18 U.C.Q.B. 131, and it was also held to be applicable to waste lands in New South Wales in Attorney-General for New South Wales v. Love, [1898] A.C. 679. It was repealed in Ontario by The Statute Law Revision Act, 1902, c. 1, s. 2 and schedule, and ss. 17 to 20 of that Act were substituted. Those provisions now appear, with some modifications, as ss. 3, 5, 6, 8-11, and 13-16 of The Limitations Act, RSO 1950, c. 207. It would appear, however, that the Ontario legislation cannot affect rights as between a subject and the Crown in the right of the Dominion: The British North America, 1867, s  ...

... (1) The Crown was in receipt of rents and profits during the 60-year period; the lands were in fact in charge, from time to time, of the proper officer, who collected revenue from them; (3) the rents and profits stood insuper of record within the period of 60 years ...

... Clarke et al. v. Babbitt, [1927] S.C.R. 148, [1927] 2 D.L.R. 7.

Failure to use lands for fishing-gear and boats during the winter did not interrupt the defendant's possession. The authorities are clear on this point ...

.. Henderson (1847), 3 U.C.Q.B. 486; McDonald v. McIntosh (1852), 8 U.C.Q.B. 388.

Here the occupation permit was granted in 1944, but we had already acquired possessory title in 1943 by a period [of 60 years of auverse possession. [Roach J.A.: What about] Grubb's possession during the tenancy of the gun Club?] Grubb said that the club kept the fishermen away only from the lands that the club used for hunting purposes.

The burden on the defendant is not to establish beyond ...

... [sequentry registered in the registry Office for the County of] Essex as no. 397 (ex. 3). This plan was approved and confirmed by the Surveyor-General in the Dominion Lands Office on 6th November 1889. The holder of each squatter is delineated on that plan as a lot and given a lot number. [Endowed on the plan is a key setting forth the lot numbers] ...

.... tions" (para. 2) and "that property occupied by him in his business comprising the parcel of land between his residence and the shore of Lake Erie having a frontage of approximately five hundred (500') feet" (para. 6).

Point Pelee is a peninsula shaped like a long and narrow ...

... triangle running into Lake Erie from the north shore.

In 1881 the southerly part was set aside as a naval reserve and that part was first surveyed in 1883. A plan of that survey is dated 27th February 1883 and was registered in the Registry Office for the County of Essex on 23rd October ...

... residence and the shore of lake Erie having a frontage of approximately five hundred (500') feet he is thereby referring to land lying west of the road and which according to Plan 397 was not occupied and claimed by any squatter as of the date of that plan ...

... conveyed was Lot 15, which is on the east of that road and to part of which the defendant now has title. It is on that part that he has his residence and when in his statement of defence he refers to "that property occupied by him in his business comprising the parcel of land between his ....

... an ice-house 18 feet by 30 feet in dimension and some undefined area of land surrounding those buildings, the whole having a frontage of 500 feet approximately measured along some line which may be, for all that appears, the road shown on the plan, the shore-line, or, indeed, a line described in the ...

... the Queen in right of Canada, and that the same comprises part of Point Pelee National Park."

When a litigant asserts that as against the otherwise lawful he has title to land by possession the onus rests upon him to prove it. This requires that the land be ...

... Q. [And what did you use  ... in that shanty] and 20 or 30 feet around it.

"Q. The shanty would be only 20 by 60. You would only use about 100 feet? A. Right around the shanty, 100 feet of beach front. I would have the shanty there and a place to pull the boat there scow [un] ...

... It is possible that during the fishing season there might be excess stakes piled here or there in the general area, or, indeed, there might have been times when they were all in use.

This is Mr. Grubb's evidence on that matter: ...

... The building or buildings wherever those buildings may have stood and the net-stakes were piled outside nearby; the boats were pulled up on the beach a safe distance from the water's edge. In each succeeding spring when fishing resumed the boats were launched and the other equipment was put to use...

... "shanty" as the exigencies of his fishing-operations required, and as occasion required he used some undefined area or areas along the beach for drying his nets. During the non-fishing months he occupied some bit of land where the boat or scow rested and some bit of land where the stakes were ...

... piled ...

The evidence of other witnesses called by the defendant covered the history of the fishery operations by successive owners subsequent to 1915

Over the objection for the plaintiff the learned ...

... of the lands in question in this action, the Crown was during the the term of that lease being "answered the rents" therefor.

What is meant by being "answered the rents" within the meaning of The Nullum Tempus Act? In Attorney-General for New South Wales. [1898] A.C. 679 at 686, it ...

... any right or occupation to any other person.

The defendant purchased this fishery business and equipment and part of Lot 15 in December 1937 from James E. and Harry McLellan. The sale of the equipment was under a conditional sale contract dated 11th December 1937. The ...

 

MAY

Flashbacks From Bygone Days - Thursday, May 24, 1956

http://ink.ourontario.ca/browse/lp -The Leamington Post. May 21, 1980 - pg. 4

1960

Property to the North of the Residence of Friedrich Wilhelm and Maria Mietz Krause

1966

June

 

Expropriation of Point Pelee Properties - William Krause

http://ink.ourontario.ca/browse/lp -The Leamington Post. June 9, 1966 - Page 1

August

Purchase of Point Pelee Properties

http://ink.ourontario.ca/browse/lp -The Leamington Post. Aug 25, 1966 - Page 1


1969

[http://www.pc.gc.ca/pn-np/on/pelee/natcul/natcul2_4_e.asp ]


Records of the National Archives of Canada

Claim of William Krause - Point Pelee National Park
1951-1956. File.

Title: Claim of William Krause - Point Pelee National Park.
Arrangement structure: Department of Indian Affairs and Northern Development
File part of: Legal Branch [textual record] (R216-715-8-E)
Date(s): 1951-1956
Place of creation: No place, unknown, or undetermined
Extent: Inventory no.: 22-7
Conditions of access:

File no. (creator) 482
Former archival reference no. RG22-A-2
Textual records 32: Restricted by law
Volume 77 32: Restricted by law

Finding aid no.: 22-7
Source: Government
Other system control no.: FIND022/2921
MIKAN no.: 1704719

National Archives of Canada ( http://collectionscanada.gc.ca/ )

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Point Pelee, Ontario - DIAND -
Appraisal, Acquisition and Disposal of Land and Properties - Krause, William
1971. File.

Title: Point Pelee, Ontario - DIAND - Appraisal, Acquisition and Disposal of Land and Properties - Krause, William.
Arrangement structure: Department of Public Works
File part of: Registry files [textual record] (R182-282-2-E)
Date(s): 1971
Place of creation: No place, unknown, or undetermined
Extent: Inventory no.: 11-8
Conditions of access:

File no. (creator) X1653-737-8-75
Former archival reference no. RG11-B-4
Textual records 32: Restricted by law
Volume 5392 File Part 1 32: Restricted by law

Finding aid no.: 11-64
Source: Government
Other system control no.: FIND011/5209
MIKAN no.: 1684530

 Appraised Acquired and Disposed Lands and Properties of Point Pelee:

Point Pelee National Park - Administration of Lands Outside Townsite - Fish House Site - Wm. Krause 1943-1957. File.

Title: Point Pelee National Park - Administration of Lands Outside Townsite - Fish House Site - Wm. Krause.
Arrangement structure: Department of Canadian Heritage
File part of: Park/subject classification system [textual record, cartographic material] (R5747-7-0-E)
Date(s): 1943-1957
Place of creation: No place, unknown, or undetermined
Extent: Inventory no.: 84-2
Conditions of access:

Textual records:  90: Open
Microfilm reel RG84 T-10485
File no. (creator) P16-21
Former archival reference no. RG84-A-2-a
Textual records 32: Restricted by law
Volume 1709 File Part 1=1943-1952: 32: Restricted by law
File Part 2=1952-1955
File Part 3=1955-1957

Finding aid no.: 84-2
Source: Government
Other system control no.: FIND084/14041
MIKAN no.: 849664

Point Pelee National Park - Purchase of Privately Owned Land:

Point Pelee National Park - Administration of Lands Outside Townsite - Fish House Site - Wm. Krause 1943-1957. File.

Title: Point Pelee National Park - Administration of Lands Outside Townsite - Fish House Site - Wm. Krause.
Arrangement structure: Department of Canadian Heritage
File part of: Park/subject classification system [textual record, cartographic material] (R5747-7-0-E)
Date(s): 1943-1957
Place of creation: No place, unknown, or undetermined
Extent: Inventory no.: 84-2
Conditions of access:

Textual records: 90: Open
Microfilm reel RG84 T-10484
File no. (creator) P16-21
Former archival reference no. RG84-A-2-a
Textual records 32: Restricted by law
Volume 1709 File Part 1=1943-1952: 32: Restricted by law
 

Finding aid no.: 84-2
Source: Government
Other system control no.: FIND084/5209
MIKAN no.: 841145

Purchase of Privately Owned Property:

Point Pelee National Park

National Archives of Canada ( http://collectionscanada.gc.ca/ )


1970

Park Property Sales Increase

100 Acres Still Privately Owned

http://ink.ourontario.ca/browse/lp -The Leamington Post. April 2, 1970 - pg. 24


1971

LOT 15

ALL SUB PROPERTIES

COVER

      
Boundary Survey   Property Surveys

 

                      
             

      Natural Resources, Canada, www.nrcan.gc.ca - Canada Lands Survey System

http://satc.rncan.gc.ca/plansearch-rechercheplan-eng.php