The Court of Chancery of Ontario, in Vice-Chancellor Proudfoot's subsequent decision on 16 December 1880, held that Caldwell could not drive his logs as the streams were found not to have been navigable or floatable for saw logs or other timber, rafts, and crafts when in a state of nature, and issued the appropriate injunction.
42.
In fall 2011, after it became apparent the Government of Canada was not going to undertake a salvage operation before winter set in, the Government of Nova Scotia contracted a company in an " emergency operation " to remove contaminants from on board the wreck, including the oily waste water, fire extinguishers, furniture from the cabins, and other floatable material.
43.
The Act is relatively silent about the complete definition, saying only that a navigable water includes " a canal and any other body of water created or altered as a result of the construction of any work . " The Supreme Court of Canada, however, adopted the " floating canoe " threshold in 1906, holding that any water that was navigable and floatable was within its scope.
44.
However, the Court of Appeals ruled regarding the nearly 300-foot wide, 23-mile section of the Raquette River " " It would be going beyond the warrant of either principle or precedent to hold that a floatable capacity, so temporary, precarious and unprofitable, constituted the stream a public highway " " and that the legislature recognized that the river was private " " property that could not be taken for public use without compensation . ""
