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POWERS OF MUNICIPALITY - Regulation of property and activities - Highways

Wednesday, May 17, 2017 @ 8:41 AM  

Appeal by the plaintiffs from a judgment refusing relief sought in respect of a road dispute with the defendants. The parties owned adjacent quarter sections of land. The disputed roadway ran through the defendants' section and provided access to the plaintiffs' quarter section. The plaintiffs took the position that the road was a public highway, requiring the defendant municipality to provide maintenance services. The chambers judge accepted the defendants' position that the roadway was private, finding that the surrounding lands were private and not openly accessible...