That which is said in passing. Where the court, in rationalizing its position, uses language broader than is needed for disposition of the point at issue.
Term: Obliterated Boundary
Definition:
A boundary established during an original survey or during a survey of a plan of subdivision registered under the Land Titles Act or the Registry Act where the original posts or blazed trees no longer exist and which cannot be re-established from the field notes of either of such surveys or by evidence under oath.
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Term: Observation
Definition:
The act of obtaining a distinct piece of information that helps describe the dimensions and spatial relationships between points on physical features.
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Term: Observation Set
Definition:
A set of one or more readings from a measuring device.
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Term: Observed Reference Point
Definition:
A monument connected to a coordinate system by measurements.
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Term: Occupancy Closing
Definition:
When the unit is completed and ready for occupancy but the condominium is not yet registered, a purchaser can and may be obligated under the purchase agreement to occupy the suite and start living there. Purchasers pay a "rental" or occupancy fee.
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Term: Occupation
Definition:
Physical possession of all or a portion of a piece of land.
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Term: Official Plan
Definition:
The goals, objectives and policies established primarily to manage and direct physical change and the effects on the social, economic and natural environment of a municipality or part of it.
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Term: One-foot reserve
Definition:
A Strip of Land, owned by a municipality, preventing legal access from a private parcel to a public highway.
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Term: Oriel Window
Definition:
A projecting bay window supported by brackets or a triangual support piece.
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Term: Orientation
Definition:
The act of establishing the correct relationship in direction with their corresponding ground features.
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Term: Origin Unknown (OU)
Definition:
The source of any legal or survey monuments must be documented on the face of the survey. If the source or origin is uncertain, the (OU) origin unknown notation is made. Every effort is generally made by surveyors, in the field, to identify who set each iron bar by viewing the unique Surveyor Number inscribed thereon. Monuments whose origin has not been ascertained, may still be used in boundary re-establishment, however, must be noted as such.
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Term: Original Plan
Definition:
A plan certified by the Surveyor General as being the original plan of an original survey.
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Term: Original Post
Definition:
Any object that defines a point and that was placed, planted or marked during the original survey or during a survey of a plan of subdivision registered under the Land Titles Act or the Registry Act.
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Term: Orthometric Height
Definition:
Elevation; the distance from the geoid to a point, measured along a line normal to the geoid.
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Term: Owner (Condominium)
Definition:
A person who owns a freehold or leasehold interest in a condominium unit and its appurtenant common interest and who is shown as the owner in the records of the land registry office in which the description of the condominium corporation is registered.
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Term: Owner-occupied Unit
Definition:
A unit of an owner who is entitled to vote in respect of the unit at a meeting to elect or to remove a director where the unit is used for residential purposes and the owner has not leased the unit within the 60 days before notice is given for the meeting, as shown by the record that the condominium corporation is required to maintain under subsection 83 (3) of the Condominium Act.
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Term: Ownership of Land
Definition:
Includes the ownership of three-dimensional space or of a leasehold interest in space respectively.
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