What is the test for closing an access road without a court order?

Section 2(1) of the Act prohibits closing an access road without a court order where closing the access road “prevents all road access to one or more parcels of land.” The respondents claim that an unopened road allowance adjacent to the northern boundary of the appellants’ property provides viable alternate access to the relevant parcels of land. Further, they contend that the trial judge erred by failing to apply the test set out in Bogart v. Thompson, [2002] O.T.C. 329 (S.C.J.), namely, that in order to trigger the prohibition in s. 2(1) of the Act, an access seeker must demonstrate that construction of a road on an unopened road allowance is impossible, not just inconvenient and expensive.