Does Section 2(c) of the Rules of Civil Procedure apply properly?

15 The question whether the section was properly applied in the circumstances need not depend upon deference to the expertise of the Chief Gold Commissioner, although the comments of Lambert J.A. about the position of the Commissioner generally in Dupras v. McKenzie (above), indicate deference should be paid. Apart from that, common sense supports the decision below. It is obvious that to move a legal corner post 200 metres in any direction after it has been set and before the location is finished, will move the whole area of the claim. That is because regulation 2(c) provides that the easterly or westerly boundary of a claim shall be established by extending the astronomic meridian passing through the legal corner post and the north and south boundaries shall be established at right angles to that meridian. Those lines, corner posts and identification posts that were marked and set to accord with the old legal corner post, will show different ground staked. Another free miner coming upon them will be misled as to the area claimed.